Patent-Eligible Subject Matter

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
News & Analysis as of

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following...more

Patent Update for IT and Biotech Companies: New Pieces to the Patent Puzzle

In This Presentation: - PATENT ELIGIBLE SUBJECT MATTER: LIFE IN SOFTWARE/IT AFTER ALICE CORPORATION V. CLS BANK (AND OTHER RECENT 101 DECISIONS) - A Brief History with respect to Software and Biz...more

The USPTO Is Off-Key With International Patent Law Harmonization

As a leader in science, technology and innovation, the United States long has played a central role in global intellectual property matters. As the world’s largest economy, the United States has played a central role in trade...more

Ultramercial: Software Patent Invalidated After Application of Alice, Patent Eligibility Becoming Threshold Question for...

The Federal Circuit recently applied Alice Corp. v. CLS Bank to invalidate all claims of a patented method for advertising over the Internet in Ultramercial, Inc. v. Hulu, LLC (Fed. Cir. November 14, 2014). Like the Supreme...more

Another Software Patent is Ruled Patent-Ineligible - Are Business Method and Software Patents at Risk?

On November 14, 2014, in a much-anticipated decision following the U.S. Supreme Court’s decision in Alice v. CLS Bank, a unanimous U.S. Court of Appeals for the Federal Circuit held in Ultramercial, L.L.C. v. WildTangent,...more

Post-Alice Federal Circuit Finds Internet Advertising Method to Not Be Patent Eligible

Citing the Supreme Court of the United States’ Spring 2014 decision in Alice Corp. v. CLS Bank, the U.S. Court of Appeals for the Federal Circuit reversed itself and concluded that a claimed method for distributing online...more

Federal Circuit’s Post-Alice Eligibility Analysis of Business Methods

The Federal Circuit in Ultramercial, Inc. v. WildTangent, Inc., held that an “entrepreneurial” multi-step process for distributing copyrighted media products over the Internet to consumers is not patent-eligible under 35...more

Third Time Is the Charm for WildTangent Challenge of Patent Eligibility of Ultramercial Patent

In its third opinion reviewing the same district court decision, the Federal Circuit this time affirmed the district court’s grant of WildTangent’s motion to dismiss Ultramercial’s patent infringement complaint because the...more

Ultramercial Finally Strikes Out at the Federal Circuit

In its most recent decision in Ultramercial, Inc. v. Hulu, the Federal Circuit finally concluded that the claims-at-issue do not cover patent-eligible subject matter under 35 U.S.C. § 101. This comes after two prior...more

Ultramercial Inc. v. Hulu LLC (Fed. Cir. 2014)

Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, and without construing the claims, the District...more

Ultramercial, Inc. v. Hulu, LLC - Another Data Point in the Subject-Matter Eligibility of Software Inventions

Why It's Important - The Ultramercial decision will provide an additional tool in invalidating overly broad software-based patents. It also underscores the value of carefully crafting software patents, as those...more

IP|Trend: New Era in Protection of Software by Intellectual Property Law? [Video]

It’s been a rough couple of years for software developers seeking patent protection for their software. Decisions by the Supreme Court have limited the amount of patent protection that developers can obtain. Attorneys Seth...more

BIO IPCC Panel Discusses Impact of Myriad-Mayo Guidance

Yesterday, we reported on a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsel's Committee fall conference, which took place earlier this week in Nashville, TN, in which the U.S. Patent and...more

A Cautionary Tale for Universities about Patent Ownership Rights from the Lone Star State

A recent decline in patent litigation has been attributed to the evolving patent eligibility standard, as well as to an increase in post-grant review proceedings at the Patent Office, now reported to be “the second-biggest...more

USPTO Provides Update on Status of Revised Myriad-Mayo Guidance

During a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsels Committee (IPCC) fall conference, which took place this week in Nashville, TN, the U.S. Patent and Trademark Office provided a...more

Method Implemented on Generic Computers Is Not Patent Eligible, but Method for Processing Paper Checks Is

Salesforce.com, Inc. v. Virtualagility, Inc. and U.S. Bancorp v. Solutrain, Inc. - In a pair of covered business method (CBM) decisions, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or...more

Computer-Implemented Business Transaction Claim Must Describe an “Inventive Concept” to Be Patent Eligible

BuySAFE, Inc. v. Google, Inc. and Loyalty Conversion Systems Corp. v. American Airlines, Inc. - Addressing subject matter eligibility of claims purporting to apply abstract mental processes directed to business...more

Computer Implemented Business Scheme not Patentable in Australia

A Full Court of Australia’s Federal Court has handed down its appeal decision in Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150. This decision deals with the patentability of computer implemented...more

IP Newsflash - November 2014

Central District of California Clarifies the Section 101 Analysis and Finds Another Two Patents Invalid - On November 3, 2014, Judge Mariana R. Pfaelzer of the Central District of California spent the better part of...more

Ultramercial Inc. v. Hulu LLC -- Party Briefs

This case has a storied history. Ultramercial sued Hulu, YouTube, and WildTangent for infringement of U.S. Patent No. 7,346,545. Hulu and YouTube were eventually dismissed from the case. On a 12(b)(6) motion, the District...more

Is Your Software Invention Eligible for Patent Protection?

Under the patent laws, “Whoever invents or discovers any new or useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor…” While the statement of...more

District Court Finds Genetic Technologies Patent Invalid Under 101 on Motion to Dismiss

Judge Stark of the U.S. District Court for the District of Delaware granted defendants’ motion to dismiss Genetic Technologies, Ltd.’s patent infringement suit with regard to claim 1 of U.S. Patent 5,612,179 on the basis that...more

Why Plant Patenting Floats Free of GMO Crop Controversies

Public debates about the merits of genetically modified crops often end in polarized shouting matches. They pit so-called “romantic environmentalists” against scientifically-minded advocates for companies that derive their...more

IP Newsflash - October 2014 #5

E.D. VA Invalidates the Claims of Four Patents, Finds Alleged Novelty of Ideas Irrelevant to § 101 Analysis - On October 24th, 2014, Judge Brinkema of the Federal District Court for the Eastern District of Virginia...more

After Alice: Patent Eligibility Considerations for All Technology Inventors

The technological advances of post-WWII America spurred the growth of patenting of modern technology. From chemicals to useful bacteria, and from petroleum derivatives to computer chips, many of the inventions that are now a...more

460 Results
|
View per page
Page: of 19