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Patent-Eligible Subject Matter

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
BakerHostetler

Promoting the Progress of Science: Avoiding Inherent Obviousness

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You’ve thought long and hard about how your company’s clinical stage invention is novel over anything that’s ever been done before. Your analysis is finished, right? Not even close. The novelty barrier to patentability can be...more

McDermott Will & Emery

[Webinar] Intellectual Property (IP) Challenges during Uncertain Times - October 1st, 3:00 pm - 4:00 pm EDT

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McDermott Will & Emery and Marcum LLP are committed to sharing the best information available concerning the coronavirus (COVID-19) pandemic to our clients and colleagues during this time. The evolving ecosystem in the life...more

Foley & Lardner LLP

USPTO Announces New Program To Promote Publication Of COVID-19 Innovation

Foley & Lardner LLP on

In an effort to both promote innovation against COVID-19 and promote dissemination of information about innovation against COVID-19, the USPTO is launching a new “deferred fee” pilot program for certain provisional patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post -- Reconsidered: The Federal Circuit's Enfish Interpretation of Mayo-Alice

The esteemed authors of Patent Docs have written of the need to reconsider the Federal Circuit's approach to section 101 eligibility, given the court's latest expansion and en-banc vote on subject-matter eligibility in AAM v....more

WilmerHale

The PTAB and New Grounds of Unpatentability

WilmerHale on

The Patent Trial and Appeal Board’s Precedential Opinion Panel issued its decision in Hunting Titan, Inc. v. DynaEnergetics Europe GmbH, No. IPR2018-00600, on July 6, 2020. The decision is only the fourth precedential opinion...more

BakerHostetler

How Administrative Law Became the Hottest Topic in Patent Disputes at the Federal Circuit

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What comes to mind when you think of “hot topics” in patent law? Subject matter eligibility? Obviousness? Damages? Quietly, administrative law has moved to the top of the list of issues that consume the attention of the Court...more

WilmerHale

A Guide To West Texas Patent Cases Before Albright: Part 2

WilmerHale on

Our earlier Law360 guest article highlighted the rapid rise in prominence of the Waco Division of the U.S. District Court for the Western District of Texas since U.S. District Judge Alan Albright was appointed to that court...more

McDermott Will & Emery

[Webinar] Intellectual Property (IP) Challenges During Uncertain Times - September 24th, 3:00 pm - 4:00 pm EDT

McDermott Will & Emery on

McDermott Will & Emery and Marcum LLP are committed to sharing the best information available concerning the coronavirus (COVID-19) pandemic to our clients and colleagues during this time. The evolving ecosystem in the life...more

Blank Rome LLP

Issues to Consider before Asserting a Software Patent

Blank Rome LLP on

Software patents have garnered a lot of attention in recent years due, at least in part, to the proliferation of software-enabled devices, such as smartphones and tablets, and the use of software to control a range of devices...more

Jones Day

PGR Estoppel Applies to Unasserted Art

Jones Day on

Due to the relatively low number of post-grant reviews (“PGR”) filed to date, not many district courts have spoken on the scope of PGR estoppel. In GREE, Inc. v. Supercell Oy, No. 2:19-cv-00071 (E.D. Texas), Magistrate Judge...more

Smart & Biggar

Federal Court rejects “problem-solution approach” opening the field for computer-implemented inventions

Smart & Biggar on

In a significant decision released August 21, 2020, Choueifaty v Canada (Attorney General), 2020 FC 837 [Choueifaty], Canada's Federal Court rejected the Canadian Intellectual Property Office’s (CIPO) approach to examining...more

Knobbe Martens

Federal Circuit Review - July 2020

Knobbe Martens on

Unconstitutionally Appointed Judges Cannot Decide Ex Parte Appeals - In In Re Boloro Global Limited, Appeal No. 19-2349, When administrative patent judges are unconstitutionally appointed, their decisions in ex...more

Goodwin

Issue Twenty-Nine: PTAB Trial Tracker

Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Substitute Claims Proposed in an IPR are Subject to Patent Eligibility Review Under Section 101

In Uniloc 2017 LLC v. Hulu, LLC, Netflix, Inc. (July 22, 2020), the Federal Circuit held that the Patent Trial and Appeal Board (“the PTAB”) may consider, in its review of substitute claims proposed in an inter partes review...more

McDonnell Boehnen Hulbert & Berghoff LLP

Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? 

The Federal Circuit's inchoate attempts to fashion a consistent, rational application of the Supreme Court's recent subject matter eligibility jurisprudence, while understandably Herculean in view of the difficulties inherent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Finds Calculating Machine Ineligible

August 23, 1891 - WASHINGTON, DC - In a unanimous panel ruling, the Federal Circuit has found that the calculating machine of U.S. Patent No. 388,116 fails to meet the eligibility requirements of 35 U.S.C. § 101.  Inventor...more

Akerman LLP

ShoppersChoice: Federal Circuit Affirms Section 101 Rejection of Patent at Pleadings Stage – a Reminder for Patentees to Raise...

Akerman LLP on

The Federal Circuit recently affirmed a U.S. district court’s holding at the pleadings stage that claims of a delivery notification patent were invalid under 35 U.S.C. § 101. The case is Electronic Commc’n Tech., LLC v....more

Holland & Knight LLP

Federal Circuit Narrows its Prior Decision; Court is Still Torn on Section 101 Patent Eligibility

Holland & Knight LLP on

Following a combined petition for rehearing and rehearing en banc filed by patent owner American Axle, the U.S. Court of Appeals for the Federal Circuit has modified its earlier opinion. In that earlier decision – described...more

Knobbe Martens

Claims Covering Human Engineering That Exploits a Naturally-Occurring Phenomenon Are Patent Eligible

Knobbe Martens on

ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier decision and clarified the difference...more

Mintz - Intellectual Property Viewpoints

District of Delaware Goes against Prior Decisions and Declines to Dismiss Willful Infringement Claims Despite Failure to Allege...

On July 30, 2020, the U.S. District Court for the District of Delaware, in APS Technology, Inc. v. Vertex Downhole, Inc. et al, No. 19-cv-01166, denied Vertex Downhole’s Rule 12(b)(6) motion to dismiss APS’s patent...more

Akerman LLP

Not All Smiles for McRO Even Though Federal Circuit Vacates Invalidity Based on Enablement

Akerman LLP on

The Federal Circuit affirmed a California district court's judgment of noninfringement but vacated its judgment of invalidity for lack of enablement since the defendants' proposed non-enabling facial animation techniques did...more

American Conference Institute (ACI)

[Virtual Event] 11th Summit on Biosimilars & Innovator Biologics - September 23rd - 24th, 7:45 am - 5:00 pm ET

This year, the BPCIA turns 10! As we prepare to enter the next decade of this revolutionary law, we cordially invite you to join us for ACI’s 11th Annual Biosimilars & Innovator Biologics Summit, in a fully virtual,...more

McDermott Will & Emery

Explain Yourself: “Untethered” Obviousness Determination Reversed

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated in part and remanded a Patent Trial and Appeal Board (Board) determination of unpatentability because the Board did not adequately support its reasoning as to certain...more

McDermott Will & Emery

“Method of Preparation” Claims Still Patent Eligible Under § 101 in Modified Opinion

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied an accused infringer’s petition for rehearing en banc and issued a modified opinion with additional analysis maintaining its prior finding that patent claims directed to...more

Knobbe Martens

Natural Law and Nothing More

Knobbe Martens on

AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the District Court for the District of Delaware. Summary: Claims directed to a law of nature, without more, may not be...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.