United States Patent and Trademark Office Patent-Eligible Subject Matter

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
News & Analysis as of

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 3)

Interim Guidance: Summaries of Patent Eligibility Cases - The Interim Guidance provides succinct summaries of various Supreme Court and Federal Circuit decisions. As explained by the Office at the January 21, 2015...more

Tips for Developing a Cost-Effective Foreign Patent Strategy

According to a recent survey of over 100 companies and universities, nearly 93% who filed patent families in 2013 filed at least some of those patent families internationally. While obtaining patent protection abroad is...more

Comments on USPTO’s Interim Patent Eligibility Guidance (Part 2)

The Preemption Requirement - Preemption is the core concern that drives the Court’s “exclusionary principle”. The Supreme Court in Alice stated...more

USPTO Holds Forum on Interim Guidance -- Part III

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

USPTO Holds Forum on Interim Guidance -- Part II

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

Patenting Stem Cells in View of the USPTO’s New Interim Guidance

Late last year, the USPTO issued its modified and revised 2014 Interim Guidance on Patent Subject Matter Eligibility (Interim Guidance) to assist patent examiners and the public in determining if a claim presented for...more

Are U.S. Law Idiosyncrasies Destroying Your PCT Applications?

Suppose a business’s patent strategy makes studied use of the Patent Cooperation Treaty application: draft one master application to serve as the basis for filing throughout the world. Coverage is required in the United...more

Limitations Drawn from Specification Not Enough to Overcome § 101 - Fidelity National Information Services, Inc. v. CheckFree...

Addressing subject matter eligibility of four covered business method patents, the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB or Board) found that four patents were invalid in light of Alice Corp.,...more

Highlights From USPTO's Abstract Idea Examples

On January 27, 2015, the United States Patent and Trademark Office (USPTO) issued a set of examples for analyzing claims under the abstract idea exception to subject matter patent eligibility. The Abstract Idea Examples...more

Navigating the USPTO Subject Matter Eligibility Guidance For Computer-related Inventions

On 16 December 2014, the USPTO issued revised subject matter eligibility Guidance. On 27 January 2015, the USPTO issued “abstract idea” computer-related invention examples of eligible and ineligible claims. The following...more

USPTO Provides Example Patent Eligible Software Claims

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract...more

USPTO Holds Forum on Interim Guidance -- Part I

In a forum held January 21 on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

USPTO Issues Post-Alice Abstract Idea Examples

On January 27, the USPTO provided its promised set of examples of patent-eligible and patent-ineligible claims relating to the abstract idea exception to 35 U.S.C. § 101, in light of Alice Corp. v. CLS Bank. These examples...more

Some Patents May Survive Alice and Myriad

Guidance published by the U.S. Patent and Trademark Office (USPTO) on December 16, 2014 indicates a slight softening in its position regarding patentable subject matter. The patent community has been hard hit in the last few...more

Arguing a Post-Alice §101 “Abstract Idea” Rejection during Patent Prosecution

Since the Federal and Supreme Court rulings in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., we have seen some issued patents invalidated on the grounds of patent-ineligible subject matter directed to an...more

Federal Circuit Review | January 2015

RAND Commitment Relevant to Damages - In ERICSSON, INC. v. D-LINK SYSTEMS, INC., Appeal Nos. 2013-1625, -1631, -1632, and -1633, the Federal Circuit affirmed-in-part and reversed-in-part the district court’s judgment...more

Lessons from the USPTO's Forum on Subject Matter Eligibility

On January 21, 2015, the United States Patent and Trademark Office (USPTO) held a public forum (Eligibility Forum) to discuss recent developments in subject matter eligibility, particularly the USPTO’s 2014 Interim...more

Can Digital Healthcare Innovation Be Patented? Eligibility of Digital Healthcare Technologies Under the New USPTO Eligibility...

Digital healthcare, the confluence of digital technology with medical and other biological fields, has become an ever-increasing presence in our daily lives. Ideas that seemed nearly impossible just a few years ago (such as...more

Can Any DNA Claims Still Be Patented?

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit invalidated Myriad’s primer claims and detection method claims under 35 USC §...more

Five Things You Need to Know About the USPTO Interim Guidelines on 101

The USPTO issued interim guidelines on 101 (“Interim Guidance”) on December 15, 2014. We summarized the Interim Guidance in this post, and now highlight five things practitioners and stakeholders need to know as they consider...more

#Alicestorm: Patent Invalidations and USPTO Practice After Alice

The Pineapple Express storms that hit California last December were largest since January 2008.  The joke going around the Bay Area was that the first thing San Franciscans do when a big storm is coming is think up a new...more

Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract ?

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework. Under Alice, patent claims are invalid if directed to “abstract ideas”...more

Intellectual Property 2014 Year In Review

There were a number of notable developments in patent case law in 2014. Key decisions from the Federal Circuit and Supreme Court tackled a variety of key issues, including patent eligibility of software and business methods,...more

Top Three Stories of 2014

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list oftop patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Looking Ahead: Top IP and Technology Trends for 2015

2015 promises to be a challenging year for intellectual property law. Here is Brooks Kushman’s list of significant IP and technology law trends that clients should be prepared for in 2015....more

182 Results
|
View per page
Page: of 8