News & Analysis as of

U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish...more

USPTO Releases Examination Guidelines for Determining Patent Eligibility Under 35 U.S.C. § 101

On March 4, 2014, the U.S. Patent and Trademark Office (USPTO) released examination guidelines titled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, &...more

Data-Encryption Is Patent Eligible Despite Not Being Tied to a Particular Machine - TQP Development, LLC v. Intuit Inc.

Addressing an argument that a data-encryption patent was directed to non-eligible subject matter because it covered an abstract idea divorced from a particular machine, Judge William Bryson, sitting by designation in the U.S....more

Data Transaction Claim Not Patent Eligible - Cyberfone Systems, LLC v. CNN Interactive, Inc., et al.

The U.S. Court of Appeals for the Federal Circuit, in a ruling designated as non-precedential, affirmed the district court finding that a claimed method involved an “abstract idea” and was therefore not patent eligible. ...more

Intelletual Property Newsletter - March 2014

In This Issue: - USPTO Issues New Guidelines for Determining Subject Matter Eligibility of Claims - Eastern District of Texas Unveils New Patent Case Track - Opening Briefs Submitted to U.S. Supreme Court in...more

Supreme Court Hears Argument on Software Patents

On April 1, 2014, the Supreme Court heard arguments in Alice Corp. Pty. Ltd.v. CLS Bank Int’l, which concerns the patent eligibility of computer-implemented inventions. This is the fourth recent Supreme Court case addressing...more

Dr. Cook-Deegan Brings the Medical Community Up to Date on the Myriad Case

In an article in The Cancer Letter entitled "Robert Cook-Deegan's Viewers' Guide To the Super Bowl of Gene Patent Cases," Professor Robert Cook-Deegan (at right) of the Institute for Genome Sciences & Policy and Sanford...more

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

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

SIPO Announces GUI Related Design Becomes Patentable Subject Matter as of May 1, 2014

Recently announced by the State Intellectual Property Office of China (SIPO), graphical user interface (GUI) design patent applications will be accepted beginning on May 1, 2014. Revised on March 17, 2014, the amended Patent...more

USPTO Issues New Guidelines for Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural...

On March 4, 2014, the United States Patent and Trademark Office (USPTO) issued final guidance to the Examining Corps regarding patent eligibility of claims involving laws of nature, natural phenomena and natural products. The...more

District Court Doubts Patent Eligibility of Myriad BRCA Claims

In a decision issued March 10, 2014, Judge Shelby of the U.S. District Court for the District of Utah denied Myriad’s motion for a preliminary injunction against Ambry Genetics Corp. While Ambry had challenged the validity of...more

USPTO Issues New Procedure for Assessing Subject Matter Eligibility of Patent Claims

The U.S. Patent and Trademark Office (USPTO) recently released a guidance memorandum to its examiners on a new procedure for assessing whether a patent claim contains subject matter eligible for patenting. The guidance was...more

Thoughts on the USPTO's Patent Eligibility Guidelines (and What to Do About Them)

The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more

USPTO Issues New Subject Matter Eligibility Examination Guidelines for Claims Involving Laws of Nature, Natural Principles,...

On March 4, 2014, the USPTO issued a Guidance memorandum for examination of subject matter eligibility under 35 U.S.C. § 101 in view of AMP v. Myriad (2013) and Mayo v. Prometheus (2012). Under the new guidelines, the...more

Five Things You Should Know About the USPTO Patent Subject Matter Eligibility Guidelines

The new USPTO patent subject matter eligibility guidelines set forth a detailed analytical framework for evaluating whether claims satisfy the patent subject matter eligibility requirement of 35 USC § 101. If you are an...more

Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products” as...more

Are Computer-Implemented Inventions Patent Eligible?

On March 31, the Supreme Court will hear arguments in Alice Corp. Pty. Ltd. v. CLS Bank Int’l (Supreme Court Docket No. 13-298). At issue is the scope of § 101 patent-eligible subject matter, with the patent eligibility of...more

The USPTO Announces New Guidelines for Determining Subject Matter Eligibility Under 35 U.S.C. §101 in View of Myriad, Prometheus...

March 10, 2014 – On March 4, 2014, the United States Patent & Trademark Office issued guidelines for the examination of “all claims (i.e., machine, composition, manufacture and process claims) reciting or involving laws of...more

USPTO Guidance for Examiners Takes Expansive View of Myriad and Prometheus Decisions

On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the patent eligibility of claims relating to products of nature and laws of...more

Alice Corp. v. CLS Bank Int'l: Alice's Supreme Court Brief

On December 6th, the Supreme Court granted certiorari to a case that presents the question of "[w]hether claims to computer-implemented inventions -- including claims to systems and machines, processes, and items of...more

USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural...more

Claims Directed to Real Estate Appraisal Techniques Not Patent-Eligible - Interthinx, Inc., v. Corelogic Solutions, LLC

Addressing the issue of whether claims directed to real estate appraisal techniques were patent-eligible, the Patent Trial and Appeal Board (Board), in a Covered Business Method (CBM) post-grant review, determined the claims...more

Well-Known Technology Is Not a “Substitute Fulfillment” for Patent Eligible Subject Matter - CRS Advanced Technologies, Inc. v....

In a Covered Business Method (CBM) post-issuance review, the Patent Trial and Appeal Board (PTAB) cancelled all claims under review, concluding that the challenged claims were directed to non-eligible subject matter directed...more

Computer-Aided Method Determined Ineligible Under Section 101 - SmartGene, Inc. v. Advanced Biological Lab.

The U.S. Court of Appeals for the Federal Circuit, in a decision providing a glimpse into a panel’s post-Alice position with regard to patent-eligibility of computer-implemented inventions (under 35 U.S.C. § 101), determined...more

No Patent for You

Patent eligibility restrictions hit life sciences and tech - After years of issuing rulings limiting what can be patented, the Supreme Court turned its attention squarely toward patent eligibility in the life sciences...more

241 Results
|
View per page
Page: of 10