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Patent-Eligible Subject Matter › Machine-or-Transformation Test

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 -
Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

Sheppard Mullin Richter & Hampton LLP on

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

McDermott Will & Emery

Check Processing Claims Bounce

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an...more

Knobbe Martens

Improved User Interface Survives Section 101 Challenges

Knobbe Martens on

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems,...more

Proskauer - New England IP Blog

Some Cardiac Monitoring Patents Beat Alice Challenge, While Others Fail to Survive

Proskauer - New England IP Blog on

In the time since Alice changed the landscape of patent eligibility for certain types of inventions, the Federal Circuit has begun pumping out opinions interpreting this landmark Supreme Court case. The expanding body of law...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Invalidates Claim to Generating “Financial Risk” Reports

Mintz - Intellectual Property Viewpoints on

In the recent decision of Clarilogic v. Formfree Holdings, the Federal Circuit invalidated the patentee’s (Formfree) claim to a “computer-implemented method for providing certified financial data indicating financial risk...more

Foley & Lardner LLP

Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility

Foley & Lardner LLP on

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that use “junk DNA” to detect genetic variations lack patent eligibility under 35...more

Knobbe Martens

Navigating the Needle’s Eye: Patenting Games of Chance

Knobbe Martens on

Are card games or other games of chance patentable? Does it matter whether the game is played in the physical realm (e.g., using physical cards, dice, etc.) or in the virtual realm on a computer display? A recent decision...more

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