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Patent-Eligible Subject Matter › Kappos › Supreme Court of the United States

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 -
Womble Bond Dickinson

The Uncertain Future of Patent Eligibility

Womble Bond Dickinson on

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: NYIPLA

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- On Ariosa and Natural Products

McDonnell Boehnen Hulbert & Berghoff LLP on

Recently, I had the privilege of speaking at the annual meeting of the American Society of Pharmacognosy in Colorado. Members of this scientific association are dedicated to identifying and isolating natural products from...more

Patterson Belknap Webb & Tyler LLP

Strong Support for Sequenom’s Petition for Rehearing En Banc

Patterson Belknap Webb & Tyler LLP on

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Professors Lefstin and Menell

McDonnell Boehnen Hulbert & Berghoff LLP on

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

McDonnell Boehnen Hulbert & Berghoff LLP

I/P Engine, Inc. v. AOL Inc. (Fed. Cir. 2014)

McDonnell Boehnen Hulbert & Berghoff LLP on

Ever since the 2010 Supreme Court opinion in Bilski v. Kappos was handed down, the debate over the scope of patent-eligibility under 35 U.S.C. § 101 has been at times stimulating, complex, comical, and frustrating. Now it...more

Fenwick & West LLP

Help Wanted: Supreme Court Looking for Expert to Fill In The Right Words for Patent Eligibility Test

Fenwick & West LLP on

There's a new job opening at the Supreme Court: Job Description: Complete test of patent eligiblity sketched out by this Court’s decisions in Bilski v. Kappos and Mayo v. Prometheus. Self starter required: must be...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013): Not Just a Flook?:...

McDonnell Boehnen Hulbert & Berghoff LLP on

On May 10, 2013, the Federal Circuit handed down the much-anticipated en banc decision in CLS Bank Int'l v. Alice Corp. This case is perhaps the most important 35 U.S.C. § 101 jurisprudence regarding the patent eligibility of...more

McDonnell Boehnen Hulbert & Berghoff LLP

Viewpoints on Life After Bilski v. Kappos

McDonnell Boehnen Hulbert & Berghoff LLP on

Introduction Last week, the Supreme Court announced its much-anticipated and long-awaited decision in Bilski v. Kappos1, a case centered on the scope of patent-eligibility of process claims under 35 U.S.C. § 101. Not...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court In Bilski v. Kappos Paves The Way For Broader Scope Of Patent-Eligible Process Claims

Wilson Sonsini Goodrich & Rosati on

On June 28, 2010, the U.S. Supreme Court issued a decision in Bilski v. Kappos, No. 08- 964, slip op. (U.S. June 28, 2010) rejecting the rigid “machine-or-transformation” test for patent-eligible subject matter proffered by...more

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