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Why the Alice Test is Stupid, Part IV: The Usefulness Paradox

One might be forgiven for assuming, based on a cursory reading of the Constitution or perhaps a fleeting bout of logic, that the U.S. patent system exists to promote the progress of science and useful arts. Historically, this...more

USPTO Issues Memoranda on Subject Matter Eligibility

Late last week, the U.S. Patent and Trademark Office (USPTO) published three memos addressing its latest policies regarding subject matter eligibility. These included “Subject Matter Eligibility Declarations” from Director...more

USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same

On February 13, 2024, then-USPTO Director Vidal issued inventorship guidance for AI-assisted inventions; on November 28, 2025, new USPTO Director Squires revoked and replaced it. But both the earlier guidance and current...more

Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims

Once upon a time, patent eligibility was not controversial or difficult to understand. Then along came Alice Corp. v. CLS Bank, and with it the Supreme Court’s bright idea to replace statutory clarity with metaphysical...more

AI News Roundup – Anthropic’s Claude used to automate cyberattacks, OpenAI loses copyright case in German court, AI cheating...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Why the Alice Test is Stupid, Part II: The Mental Steps Doctrine Literally Makes No Sense

From a technical standpoint, everything a computer does involves reading, manipulating, and storing information through microcode instructions that move around 0’s and 1’s. Each operation performed by a processor, such as...more

Why the Alice Test is Stupid, Part I: It is Actually Three Different Tests

It has been over a decade since the Supreme Court blessed us with the two-step framework for patent eligibility under 35 U.S.C. § 101 in Alice Corp. v. CLS Bank. First, one must determine whether the claim at issue is...more

AI-First Triage: A Path for Quality and Pendency Reduction at the USPTO

The U.S. Patent and Trademark Office (USPTO) is trapped in a perpetual battle on two fronts.  First, there is their application backlog, which can extend patent pendency by months or years. Second is the systemic challenge of...more

Beyond the Noise: Unpacking Four Years of Data on PTAB’s Consistent § 101 Hostility

The state of patent eligibility appeals under 35 U.S.C. § 101 before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) is defined by a singular, overwhelming finding — abysmally low...more

New USPTO Director Squires Takes an Early Position on Patent Eligibility

Just a few days into his tenure as director of the U.S. Patent and Trademark Office, John A. Squires has sent a message to the Patent Trial and Appeal Board (PTAB) to tone down its aggressive use of § 101. This message comes...more

PTAB § 101 Appeal Stats for 2024: The More Things Stay the Same, the Worse They Remain

Each year since 2021, we have examined how the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has been deciding appeals of § 101 rejections from examiners. And so far, the numbers have been remarkably...more

Anthropic’s $1.5 Billion Copyright Deal: Is the Record Settlement Just an R&D Expense?

The latest development in U.S. copyright law is that generative artificial intelligence (genAI) company Anthropic has agreed to settle a class-action lawsuit brought by a group of authors and publishers for a record $1.5...more

AI News Roundup – Anthropic settles copyright infringement lawsuit for $1.5 billion, Warner Bros. Discovery sues Midjourney for...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following. • The New York Times reports that AI company Anthropic will settle a copyright infringement...more

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