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Patent-Eligible Subject Matter › Ex Parte

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 -
Knobbe Martens

Federal Circuit Review | July 2024

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In Natera, Inc v. Neogenomics Laboratories, Inc., Appeal No. 24-1324 the Federal Circuit held that  preliminary injunction may be valid if a substantial question of invalidity was not raised, even if the asserted patent is...more

Sheppard Mullin Richter & Hampton LLP

Key Rules and Cases for Patent Practitioners Working on AI Patent Applications

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On September 22, 2022, the U.S. Patent and Trademark Office (USPTO) directed patent practitioners to current case law and sections of the Manual of Patent Examining Procedure (MPEP) as reminders as the patent practitioners...more

Knobbe Martens

Federal Circuit Review - July 2020

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Unconstitutionally Appointed Judges Cannot Decide Ex Parte Appeals - In In Re Boloro Global Limited, Appeal No. 19-2349, When administrative patent judges are unconstitutionally appointed, their decisions in ex...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Smith (PTAB 2019)

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Software Claims Survive Section 101 Challenge and Are Found to Be Directed to Patent-Eligible Subject Matter - In the U.S. Patent and Trademark Office, the Patent Trial and Appeal Board (PTAB) recently designated its...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Milder (PTAB 2018)

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In a decision issued last month, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final rejection of all pending claims in U.S. Application No. 14/207,507. Claims 2-7 were rejected under...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Bolivar (PTAB 2018)

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PTAB Affirms Patent Eligibility of Claims for Using Dwell Time to Rank Search Results - In a decision issued last month, the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office reversed the final...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex Parte Reis (PTAB 2018)

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The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Gershfang (PTAB 2018)

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PTAB Affirms Patent Eligibility of Virtual Reality Advertising Claims - In a decision issued last month, the Patent Trial and Appeal Board reversed the final rejection of all the pending claims in U.S. Application No....more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Kotanko (PTAB 2018)

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In an interesting decision issued last year, the Patent Trial and Appeal Board reversed the final rejection of claims 1-5 and 9 in U.S. Application No. 12/959,017. The claims at issue had been rejected under 35 U.S.C. § 101...more

Knobbe Martens

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

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In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ex parte Itagaki and Nishihara (PTAB 2016)

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A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37...more

Fenwick & West LLP

AliceStorm Update for October 2016

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The Federal Circuit's recent decision in McRO has been interpreted by many in the patent community as a further signal that the so-called "pendulum" is swinging back to a more favorable position for patentees. There is some...more

Troutman Pepper

Seeking Shelter From the Patent Eligibility Storm: Does the DTSA Provide Sanctuary?

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For many charged with the development of intellectual property portfolios in the life sciences and software industries, navigating the stormy waters of patent eligibility has recently proven difficult. U.S. Supreme Court and...more

BCLP

Down the Road Towards Federalization of Trade Secrets Claims

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On April 27, 2016, by a vote of 410 to 2, the House passed the Defend Trade Secrets Act of 2016 (the “Act”). The Act passed the Senate earlier this month and is now headed to the President for his anticipated signature. If...more

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