Posts Tagged: patentable subject matter


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 …
By Gene Quinn
3 months ago 3

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.…
By Gene Quinn
3 months ago 18

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 …
By Gene Quinn
3 months ago 2

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 …
By Gene Quinn
3 months ago 20

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 …
By Gene Quinn
3 months ago 30

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 …
By Gene Quinn & Steve Brachmann
3 months ago 11

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 …
By Jeffrey Killian
4 months ago 7

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 …
By Peter Kramer
4 months ago 54

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 …
By Urvashi Bhagat
4 months ago 11

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 …
By Meredith Addy
4 months ago 53

Where is the line between patentable subject matter and non-patentable products of nature?

A conflict exists between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter …

USPTO begins process for finding new leadership at the PTAB

Just days prior to our interview an announcement was made that PTAB Chief Judge David Ruschke would be stepping down and assuming new responsibilities. "At the PTAB, …
By Gene Quinn
5 months ago 7

Narrowly Construing the Bright-line Eligibility Prohibition Does Not Prevent Policing of Overbroad Claiming

Narrowly construing the § 101 eligibility exception for abstract ideas is not only suggested by Supreme Court guidance, but also could potentially allow for increased coherence and consistency while …
By Jeremy Doerre
5 months ago 15

In an Abstract Idea Context, Little Is Unmistakably Within the Bright-line Eligibility Prohibition

It seems clear that the Supreme Court did not intend to categorically prohibit patenting of everything which can be characterized as an abstract idea at some level …
By Jeremy Doerre
5 months ago 44

The Implicit Exception to § 101 for Abstract Ideas Should Be Narrowly Construed

There is an alternative route is available to stay true to Supreme Court eligibility jurisprudence: Apply the Supreme Court’s standard approach of narrowly construing statutory exceptions …
By Jeremy Doerre
5 months ago 33