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Updated Examination Procedure For 101 Rejections Announced in USPTO Berkheimer Memo

Andrei Iancu, confirmed to lead the USPTO in February 2018, has made his views clear on the current state of subject matter eligibility under 35 U.S.C. § 101. At the U.S. Chamber of Commerce, he stated that the current law on...more

Another 101 Bites The Dust

In DCT Move, Inc. v. Real Estate Alliance, the CAFC affirmed the district court’s holding of invalidity of claims under 101. Here is the representative claim....more

App Display Given the OK (Under 101)

On January 25, 2018, the CAFC affirmed a district court’s denial of a motion for summary judgment for invalidity under 101 in Core Wireless Licensing v. LG Electronics, Inc, and found the claims to be directed to patent...more

Commodity Trading System and Method are Patent Eligible Subject Matter Under 101

In Trading Technologies International, Inc. v. CQG, Inc., CQG LLC, FKA CQGT, LLC., [2016-1616] (January 18, 2017), the Court of Appeals for the Federal Circuit (CAFC) affirmed a lower court’s holding that the claims of U.S....more

Functional Claim Language Does Not Render Apparatus Claim Indefinite For Including Both Method And Apparatus

Patent applications involving electrical and/or computer related inventions often involve functional claim language. For example, software may be claimed in terms of its function. One or more components of an electrical...more

Thinking of appealing processor+function claims? Beware a sua sponte 112 rejection.

By now, you are probably aware of the numerous patent law changes made under the America Invents Act. If you are involved in patent application preparation and/or prosecution, you are probably also aware of the recent...more

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