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Patent-Eligible Subject Matter › Patents › 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 -
Foley & Lardner LLP

Alice Patent Eligibility Analysis Divergence Before USPTO and District Court

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The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of...more

Knobbe Martens

Federal Circuit Review | August 2024

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Specify the Steps of Information Manipulation or Lose under § 101 - In Mobile Acuity Ltd. v. Blippar Ltd. Appeal No. 22-2216, the Federal Circuit held that patent claims that merely recite result-orientated, functional...more

AEON Law

Patent Poetry: Federal Circuit Confirms Background Check Software Not Patentable

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The Federal Circuit has affirmed a lower court’s decision that the claims of a patent for software that manages pre-employment background checks weren’t patent-eligible. The case is In Miller Mendel, Inc. v. City of...more

Rothwell, Figg, Ernst & Manbeck, P.C.

This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

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The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more

Womble Bond Dickinson

USPTO Issues Updated Guidance on Patent Subject Matter Eligibility and AI

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From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert...more

Axinn, Veltrop & Harkrider LLP

ChromaDex Stands Out, But Not in a Good Way

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The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Kappos. In its current...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: The PTAB, Cert Petition and My Oscars Picks

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Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more

McDermott Will & Emery

Senate Holds Hearing on Legislative Initiative to Address Patent Eligibility

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Seeking to undo the current jurisprudence “mess” on the issue of patent eligibility, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard testimony on January 23, 2024, on the Patent Eligibility...more

Foley & Lardner LLP

Testifying on the Patent Eligibility Restoration Act

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When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but...more

AEON Law

Split Decision on Patents for Restricting Access to Computer Files

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A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: October 2023

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In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more

Weintraub Tobin

Federal Circuit Continues to Strike Down Patents as Abstract Ideas

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The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. Fortinet Inc. ( Fed. Cir. 8/2/2023)...more

Farella Braun + Martel LLP

What Patent Bills Would Mean for Infringement Litigation

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Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - July 2023 #4

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United Therapeutics Corporation v. Liquidia Technologies, Inc., Appeal Nos. 2022-2217, 2023-1021 (Fed. Cir. July 24, 2023) In the Federal Circuit’s only precedential patent case this week, the Court considered questions...more

Farella Braun + Martel LLP

Takeaways From the Proposed Patent Eligibility Restoration Act of 2023

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Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more

Jones Day

Generative AI-Assisted Patent Inventorship Questions Remain

Jones Day on

The Situation: The U.S. Supreme Court recently denied certiorari in Thaler v. Vidal, leaving intact the Federal Circuit's ruling that only human beings, and not artificial intelligence ("AI") systems, can be inventors under...more

McDonnell Boehnen Hulbert & Berghoff LLP

Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?

McDonnell Boehnen Hulbert & Berghoff LLP on

Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent...more

Holland & Knight LLP

Supreme Court on Section 101 Patent Eligibility: Thanks But No Thanks

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The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more

Holland & Knight LLP

Patent Eligibility at the Supreme Court: Another Petitioner Throws Its Hat in the Ring

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In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more

McDonnell Boehnen Hulbert & Berghoff LLP

Solicitor General Weighs in on Patent Eligibility Question

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The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more

Foley & Lardner LLP

Federal Circuit Weighs In On Patent Eligibility Of Isolated Vitamin

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It has been a while since the Federal Circuit weighed in on the patent eligibility of so-called “natural product” claims. While the finding of non-eligibility in ChromaDex, Inc. v. Elysium Health, Inc. is not surprising, it...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2022

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You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year ...more

Foley & Lardner LLP

Web IP Ruling Illustrates Ways To Clear Hurdles To Eligibility

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Since the U.S. Supreme Court's 2014 Alice Corp. v. CLS Bank International ruling, patentees attempting to enforce their patents in the software arts have encountered a more significant hurdle for patent eligibility that has...more

AEON Law

Patent Poetry: Federal Circuit Finds Plausible Allegations of Inventive Concept in Google Patent Dispute

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The Federal Circuit has reversed a New York court’s grant of a motion by Google to dismiss a patent infringement case against the company. The court found that the plaintiff had plausibly alleged an inventive concept in its...more

McDonnell Boehnen Hulbert & Berghoff LLP

CareDx, Inc. v. Natera, Inc. (Fed. Cir. 2022)

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Plus ça change, plus c'est la même chose - Judge Moore, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC stated the obvious when she said in her dissent: My colleagues' refusal deflates the Amici's hopeful...more

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