Posts Tagged: patentable subject matter
Other Barks & Bites, Friday, August 16: Iancu to Brief CAFC on Precedential Opinion Panel Deference, China to Regulate Patent Agencies, and FCC Approves T-Mobile/Sprint Merger
This week in Other Barks & Bites: The Federal Circuit has asked USPTO Director Andrei Iancu to brief the appellate court on deference that should be paid to …
Federal Circuit: ‘Physicality’ of Processing Paper Checks Does Not Save Solutran’s Claims from 101 Challenge
The Federal Circuit recently reversed the District of Minnesota’s denial of summary judgment and held claims related to paper check processing invalid under 35 U.S.C. § 101. …
Update on 101 Rejections at the USPTO: Prospects for Computer-Related Applications Continue to Improve Post-Guidance
The Supreme Court’s 2014 decision in Alice v. CLS Bank made it significantly more difficult to obtain patents for some computer-related technologies. it is, at best, questionable …
Patent Heavyweights Take Strong Stance Against ACLU Anti-Patent Reform Statements
Yesterday, 24 law professors, former Chief Judges of the Federal Circuit and former heads of the U.S. Patent and Trademark Office (USPTO) sent a letter to Senators …
Mistakes to Avoid When Filing Computer-Implemented Invention Patents at the EPO
In the final installment of my interview with three examiners at the European Patent Office (EPO), we wrap up our conversation about their approaches to examining computer …
Software May be Abstract, But a Computer-Implement Invention Produces a Technical Effect
In Part II of my interview with three examiners at the European Patent Office (EPO), we continue the conversation about their advice, pet peeves, and approaches to …
How to Help an EPO Examiner and Improve Your Odds of Patenting a Computer-Implemented Invention
I recently had the opportunity to speak on the record with three examiners at the European Patent Office (EPO) about their advice, pet peeves, and approaches to …
Consider the Courage of Judge Newman at the Federal Circuit
With more dissents than any other Federal Circuit Judge in history, Judge Pauline Newman is driven by a need to safeguard our national system of innovation. Judge …
Antitrust Laws Are Not Enough to Kill Big Tech Monopolies
The United States is looking to antitrust law to break up big tech. Later today, for example, the House Subcommittee on Antitrust, Commercial, and Administrative Law will …
The Federal Circuit Must Revisit Its Imprudent Decision in Chargepoint v. SemaConnect
I recently authored an article for IPWatchdog arguing that the Federal Circuit in ChargePoint Inc. v. SemaConnect, Inc., (2018-1739) effectively overruled the new U.S. Patent and …
Last Week at the PTAB: Comcast Successful on Multiple Petitions, Unified Patents Sees Mixed Results
Last week, the Patent Trial and Appeal Board (PTAB) issued 31 decisions related to petitions for inter partes review (IPR) proceedings, instituting 14 IPRs and denying the other 17. Although …
It May Be Time to Abolish the Federal Circuit
I don’t really know why we need the Federal Circuit anymore. Witness the denial of en banc rehearing in Athena Diagnostics, Inc. v. Mayo Collaborative Services, …
Thoughts on the Course of the Federal Circuit After Its Denial of En Banc Rehearing in Athena v. Mayo
The Court of Appeals for the Federal Circuit was created to provide much-needed clarity and consistency to the nation's patent law. In prior decades, the law had …
Athena v. Mayo: A Splintered Federal Circuit Invites Supreme Court or Congress to Step Up On 101 Chaos
On July 3, the Court of Appeals for the Federal Circuit denied en banc rehearing in Athena Diagnostics v. Mayo Collaborative Services. The 86-page order from the Federal …
Has Cellspin Resurrected Electric Power Group?
I thought the Electric Power Group decision was effectively dead. It used an overbroad characterization of patent claims under Step 1 of Mayo/Alice. Following that decision, I …
