Posts Tagged: patentable subject matter


Flaws in the Supreme Court’s §101 Precedent and Available Ways to Correct Them

Amid the crush of patent-eligibility case law, see 35 U.S.C. §101, patent lawyers and even courts can lose sight of the key principles and precedents that serve …

The Long Reach of the Mathematics Patentability Exception is Overbroad and Absurd – Part 1

The mathematics exception for subject matter eligibility is overbroad because it was improperly justified under the premise that mathematics is like a law of nature. This is …
By Jose Nunez
6 months ago 15

Study Suggests Individuals and Startups More Likely to Face Invalidity Under Alice

To the surprise of Lemley and Zyontz, their study uncovered a striking disparate treatment in the way federal courts handle patent eligibility matters based on entity size, …
By Gene Quinn & Rebecca Tapscott
7 months ago 14

How Misaligned Incentives Are Now Killing Us

Today, like so much of the rest of the world, the United States is faced with many shortages due to the coronavirus pandemic, including personal protective equipment, …
By Andrew Berks & Gene Quinn
7 months ago 19

Time to Wake Up: Stakeholders Must Compromise to Save the U.S. Patent System

Things are bad for many innovators and there is little hope for improvement on the foreseeable horizon. Despite the best efforts of Senator Thom Tillis (R-NC) and …
By Gene Quinn
9 months ago 56

Supreme Court Denies Trading Technologies, ChargePoint Petitions

The U.S. Supreme Court today denied two petitions for certiorari filed by Trading Technologies and one by ChargePoint, Inc. asking the Court to review their cases …
By Eileen McDermott
9 months ago 18

How to Help Data Scientists Overcome Their Patent Doubts

When discussing patentable inventions with data scientists, I often hear them dismiss their inventions under arguments such as these: “We’re using the same tools as everyone …
By Jose Nunez
9 months ago 6

The Supreme Court is More Interested in Being Right Than Shedding Light on 101

Yesterday was a dark day for patent eligibility in America. The United States Supreme Court denied certiorari in five more petitions relating to patent eligibility challenges. Based …
By Gene Quinn
9 months ago 86

It’s Official: SCOTUS Will Not Unravel Section 101 Web

The Supreme Court this morning released its orders list, in which it denied all pending petitions for certiorari on cases concerning patent eligibility. The Court has now …
By Eileen McDermott
9 months ago 19

Five Years Later, the U.S. Patent System is Still Turning Gold to Lead

Five years after the last of the four decisions in patent eligibility doctrine by the Supreme Court—creating what is now referred to as the Alice-Mayo framework—…
By Kevin Madigan & Adam Mossoff
10 months ago 22

Athena Tells SCOTUS That Mayo’s Key Argument “Collapses” Under Federal Circuit Split

Athena Diagnostics today filed its reply brief to Mayo Collaborative Services at the Supreme Court in the closely-watched petition asking the High Court to clarify U.S. …
By Eileen McDermott
11 months ago 13

Solicitor General Recommends Against Cert in Vanda, Perhaps Bolstering Athena’s Bid for Review

The United States Office of the Solicitor General has filed its brief in response to the Supreme Court’s March request for views in Hikma Pharmaceuticals v. …
By IPWatchdog
11 months ago 0

No Justice for Small Company Innovators: Make Your Voice Heard on the America Invents Act, IPRs, and the CAFC’s Rule 36

My company, Chestnut Hill Sound Inc. (ChillSound), has been victimized by a U.S. patent system that for nearly a decade has been in a sorry state. …
By Robert Friedman
11 months ago 4

How to Prepare and Prosecute Patents in Light of the USPTO’s Post-Alice Focus on Eligibility

Since the issuance by the United States Supreme Court of its opinion in Alice Corporation Pty Ltd. v. CLS Bank International, 573 U.S. 208, 134 S. Ct. 2347 (2014), the United …
By Robert Levy
11 months ago 18

Professors Expand Upon Proposals to Senate IP Subcommittee for Improving Patent Quality

On October 30, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard from five witnesses on ways to improve patent quality at the United States Patent and …
By Nancy Braman
11 months ago 3