News & Analysis as of

Alice/Mayo Computer-Related Inventions

Seyfarth Shaw LLP

One Algorithm, Three Standards: AI Patent Eligibility Across the UK, EPO, and U.S.

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Artificial intelligence may be global, but patent eligibility remains stubbornly local. A recent decision out of the Supreme Court of the United Kingdom seems to have nudged UK practice for computer-implemented inventions...more

McDermott Will & Schulte

Can’t patent idea of using asynchronous data streams during web conferencing

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent infringement suit, holding that the asserted web conferencing claims were directed to an abstract idea, lacked any inventive...more

Holland & Knight LLP

Signal Lost: Federal Circuit Says "Combining and Decoding" Doesn't Meet Section 101 Eligibility

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment holding asserted claims of U.S. Patent No. 8,139,652 ineligible under 35 U.S.C. § 101 in Technology in Ariscale, LLC v. Razer USA Ltd.,...more

McDonald Hopkins

The recent expansion of patent eligibility for AI inventions before the USPTO

McDonald Hopkins on

The new United States Patent and Trademark Office (USPTO) Director John A. Squires was sworn in on September 22, 2025 and wasted no time that week in expanding patent eligibility for AI related inventions. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

McCarter & English, LLP

Helpful Reminders for Patent Eligibility of AI, Machine Learning, and Other Software-Related Inventions

Patent applications for artificial intelligence (AI), machine learning, and other software-related inventions are often rejected by the US Patent and Trademark Office (Patent Office) as being too abstract and thus ineligible...more

King & Spalding

Live Long and Patent: Lessons from Captain Kirk’s Encounter with the PTAB

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In a tale that boldly goes where few celebrity inventors have gone before, William Shatner—yes, that William Shatner—alongside two co-inventors, filed a patent application for a “Smartphone Organization System and...more

Fox Rothschild LLP

How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

Fox Rothschild LLP on

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more

Holland & Knight LLP

U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid

Holland & Knight LLP on

On remand from the Federal Circuit, the U.S. District Court for the Northern District of California once again found patents directed to a method of modifying computer toolbars without user interaction invalid under Section...more

Bradley Arant Boult Cummings LLP

Done at Step 1: When a Claim Is Tied to an Improvement, No Need to Proceed to Alice Step 2

By reversing the lower court’s ruling that the asserted claims were not patent-eligible under 35 U.S.C. § 101 in Uniloc v. LG Electronics, the Federal Circuit resurrected Uniloc’s infringement suit against LG Electronics. It...more

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