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
Precedential and Key Federal Circuit Opinions - U.S. PATENT NO. 7,679,637 LLC v. GOOGLE LLC [OPINION] (2024‑1520, 01/22/2026) (Moore, Hughes, Stoll) - Moore, C.J. The Court affirmed the district court’s dismissal of U.S....more
Less than a year after holding that generic machine-learning patents are abstract in Recentive Analytics, Inc. v. Fox Corp., the Federal Circuit may be refining where to draw the line on patent eligibility....more
Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning....more
Patent eligibility decisions are not new. Courts have grappled with what can and cannot be patented for years, especially in the technology and software spaces. A recent decision from the U.S. Court of Appeals for the Federal...more
There is pending legislation before Congress that, if passed, would shift the current patent landscape in favor of patent owners. The following three bills have been introduced in Congress with bipartisan sponsorship and...more
The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more
On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more
Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more
On June 11, in Yanbin Yu, Zhongxuan Zhang. v. Apple Inc., the Federal Circuit issued a decision finding that a claim directed to an improved digital camera was patent-ineligible under 35 U.S.C. § 101. This decision follows...more
Despite one concurring judge's belief in a "fair probability" that the U.S. Supreme Court would grant certiorari and reverse an order invalidating American Axle's driveshaft patent for purportedly claiming natural law, the...more
A recent decision by the U.S. Court of Appeals for the Federal Circuit can be added to the list of cases invalidating claims under Section 101 that include "do it on a computer" limitations. Ubisoft asserted a patent...more