Posts Tagged: patentable subject matter
Ancora v HTC: Why You Should Draft Patents That Emphasize Technical Solutions
Last week, in Ancora Technologies v HTC America, the Federal Circuit reversed a lower court’s invalidity ruling under 35 USC §101 by concluding that Ancora’s claimed subject …
CAFC: Patent Claim Directed to Concrete Assignment of Specified Functions is Patent Eligible
The Federal Circuit recently reversed the Western District of Washington’s dismissal under Rule 12(b)(6) of the Federal Rules of Civil Procedure where the district court held …
Iancu Proposes Overcoming 101 ‘Morass’ by Strictly Following Supreme Court Precedent
Director Iancu's remarks gave a first look at what his reforms will look like, and by all indications these changes will be extremely innovator friendly... What has …
Does the Supreme Court even appreciate the patent eligibility chaos they created?
At the beginning of this decade the United States Supreme Court embarked on a path that would ultimately result in a significant re-writing of the law of …
Supreme Court Refuses Another 101 Patent Eligibility Appeal
REAL argued in its petition that step two of the Alice test used to determine invalidity under Section 101 requires questions of fact that were never asked by …
Iancu: Major PTAB Initiatives Rolled Out, Time to Assess Changes and Stakeholder Reaction
Director Iancu did not make much, if any, news speaking at PPAC today. He did, however, indicate that at least for now his major initiatives to reform …
The Hunt for the Inventive Concept is the Flash of Creative Genius Test by Another Name
Today the flash of creative genius test has reared its ugly head once more, this time as a consideration under a patent eligibility inquiry and 35 U.S.…
Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility?
To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining …
Unintelligible and Irreconcilable: Patent Eligibility in America
The Alice/Mayo framework does not mandate a conclusion, it tolerates – even enables – whatever conclusion the decision maker prefers. This is allowed because of a universe of …
Why isn’t Congress Upset about Judicial Exceptions to Patent Eligibility?
Some courts have characterized this final inquiry as “the hunt for the inventive concept.” That would make some logical sense if and only if a claimed invention …
Supreme Court Denies Cert in Two-Way Media v. Comcast, Refuses Another 101 Case
The U.S. Supreme Court denied a petition for writ of certiorari in Two-Way Media Ltd. v. Comcast Cable Communications, refusing to hear yet another appeal in …
Patent Uncertainty: Real Ideas, Real People, Real Harm
Today, the patent system is a very fluid situation due to recent legislation and court decisions that have caused considerable uncertainty and legal maneuvering. As a first-time …
Abstractness is not the malleable concept the Supreme Court thinks
If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim …
Denying Patents on Applications of Discoveries Puts Public Health at Risk
After nine years of costly legal proceedings the United States Patent Office denied the patent by misapplying the law. The Court of Appeals for the Federal Circuit …
Alice at Age Four: Time to Grow Up
Four years later, the patent landscape demonstrates that Alice has become a train wreck for innovation... Unfortunately, the Federal Circuit failed to rein in this rout of …
