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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 -
Knobbe Martens

Practical Application and Particular Treatment: What the USPTO’s December 4 Memorandum Means for Life Sciences §101 Eligibility

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The USPTO’s December 4, 2025 memorandum on Subject Matter Eligibility Declarations (SMEDs) seeks to raise awareness of the “underutilized path” of submitting Rule 132 declarations, referred to as “SMEDs”, for supporting §101...more

Knobbe Martens

Federal Circuit Review | January 2026

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Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Federal Circuit’s RPI v. Amazon Questioning Tests the Boundaries of Machine Learning Patent Eligibility...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

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

McDermott Will & Schulte

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

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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

McDonald Hopkins

Strategic intellectual property considerations for artificial intelligence technologies: How “non-tech”companies could be missing...

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Companies outside traditional tech sectors may be sitting on IP goldmines without realizing it. Manufacturing, e-commerce, and consumer products businesses routinely use AI technologies from predictive maintenance to...more

Fitch, Even, Tabin & Flannery LLP

2026 Prospective: Some of the IP Issues to Watch

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The upcoming year presents a range of consequential intellectual property issues across copyright, patent eligibility, design patent law, and pharmaceutical litigation. With multiple matters before the Supreme Court, active...more

Holland & Knight LLP

Beyond Section 101: 2026 Intellectual Property Outlook

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The U.S. Court of Appeals for the Federal Circuit's Recentive decision reinforced a familiar message for artificial intelligence (AI) and software claims in litigation: Applying generic techniques to a new data environment,...more

Knobbe Martens

Litigation Update | January 2026

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Knobbe Martens’ 2025 Federal Circuit Year in Review report, covering over 50 of the most noteworthy patent-related Federal Circuit decisions issued last year, is now available! The report provides in-depth analysis from...more

Baker Botts L.L.P.

Intellectual Property Report - February 2026

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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

Hudnell Law Group

Result-Oriented Software Claims Fall Short as Federal Circuit Demands Technological Improvement

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On January 22, 2026, the United States Court of Appeals for the Federal Circuit affirmed the Rule 12 dismissal of a patent infringement action brought by US Patent No. 7,679,637 LLC against Google LLC, holding that the...more

Baker Botts L.L.P.

A New Playbook for § 101? The USPTO's Guidance on Using Technical Evidence

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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

Haug Partners LLP

Federal Circuit Cuts the Connection on Web Conferencing Patent Claims at the Motion to Dismiss Stage

Haug Partners LLP on

On January 22, 2026, the Federal Circuit issued a precedential opinion authored by Chief Judge Moore in US Pat. No. 7,679,637 LLC v. Google LLC, No. 24-1520, 2026 LEXIS 92121 (Fed. Cir. Jan. 22, 2026) affirming the District...more

Sheppard Mullin Richter & Hampton LLP

Not A Categorical Ban: Federal Circuit Narrowed Spectrum of Patent Eligible Machine Learning Claims

Sheppard Mullin Richter & Hampton LLP on

Recentive Analytics, Inc. v. Fox Corp., No. 23-2437 (Fed. Cir. 2025) – On April 18, 2025, the Federal Circuit upheld the district court’s dismissal of the case on the ground that the patents were ineligible under § 101....more

Alston & Bird

Patent Case Summaries | Week Ending January 23, 2026

Alston & Bird on

Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

Knobbe Martens

Federal Circuit Year In Review 2025

Knobbe Martens on

Knobbe Martens’ 2025 Federal Circuit Year in Review report, covers over 50 of the most noteworthy patent-related Federal Circuit decisions issued in 2025. The report provides in-depth analysis from Knobbe Martens lawyers on a...more

Fenwick & West LLP

Federal Circuit Issues Precedential Decision Reframing Patent Eligibility Analysis Under Section 101

Fenwick & West LLP on

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

MoFo Tech

AI Trends For 2026 - A Golden Age for AI Technology Patents at the USPTO

MoFo Tech on

The U.S. Patent and Trademark Office (USPTO) under new Director John Squires has been focused on spurring AI technology growth, with the USPTO in 2025 pushing a sweeping policy agenda designed to promote patentability of...more

Foster Swift Collins & Smith

AI and Software Patents: The USPTO Sharpens the Line on Technical Innovation

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For companies building real AI and software technology, patent eligibility under §101 has been a persistent frustration. Innovations grounded in model training, data handling, or system architecture are often dismissed as...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2025 AI Intellectual Property Year in Review: Analysis & Trends | 2nd Edition

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This year, intellectual property (IP) law and policy directly addressed the realities of generative artificial intelligence (AI). With a new director at the helm, the U.S. Patent and Trademark Office (USPTO) issued new...more

Fish & Richardson

Texas Round-Up: December 2025

Fish & Richardson on

Our Texas Round-Up for December 2025 covers decisions from the Eastern District addressing subject matter eligibility under Section 101 and the timeliness of expert opinions on non-infringing alternatives....more

Smart & Biggar

Canadian patent law 2025: a year in review

Smart & Biggar on

2025 saw a significant statutory change and the long-awaited Supreme Court of Canada hearing of an appeal regarding the patentability of methods of medical treatment. The courts also considered due care in the context of...more

Smart & Biggar

[Webinar] Canadian patent law 2025: a year in review - January 28th, 12:00 pm - 1:00 pm ET

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2025 saw a significant statutory change and the long-awaited Supreme Court of Canada hearing of an appeal regarding the patentability of methods of medical treatment. The courts also considered due care in the context of...more

Holland & Knight LLP

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

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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

Wolf, Greenfield & Sacks, P.C.

Avoiding the “Atomic Bomb of Patent Law”

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The U.S. Court of Appeals for the Federal Circuit once called the remedy for inequitable conduct “the atomic bomb of patent law.” Inequitable conduct is a defense against patent infringement that can render a patent...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

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