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Patent-Eligible Subject Matter › AIPLA

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 -
Fish & Richardson

Senate Judiciary Subcommittee on IP Wraps Up Hearings on § 101 Draft Bill

Fish & Richardson on

A newly-revived Senate Judiciary Subcommittee on Intellectual Property recently concluded a series of hearings regarding a legislative proposal to significantly alter § 101 of the Patent Act....more

Sunstein LLP

May 2019 IP Update: Bipartisan Legislation Develops to Remove Supreme Court Roadblocks to Biotechnology and Computer Science...

Sunstein LLP on

On April 17, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with a bipartisan group of three members of the House of Representatives, announced the release of a framework on Section 101 patent reform. Senators Tillis...more

Knobbe Martens

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

Knobbe Martens on

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex...more

Knobbe Martens

AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

Knobbe Martens on

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the...more

Knobbe Martens

Ex Parte Hafner Provides Clarity in Assessing Patent Subject Matter Eligibility for Software Patents

Knobbe Martens on

In Ex Parte Hafner, the U.S. Patent and Trademark Office Patent Trial and Appeal Board (the “Board”) reversed the Examiner’s rejection that claims directed to an energy transaction plan were subject-matter ineligible. Ex...more

McDonnell Boehnen Hulbert & Berghoff LLP

AIPLA Proposes Legislative Changes to 35 U.S.C. § 101

McDonnell Boehnen Hulbert & Berghoff LLP on

Like the Intellectual Property Owners (see "What to Do about Section 101? IPO Provides Its Answer") and the IP Law Section of the American Bar Association (see "ABA IP Law Section Sends Section 101 Revision Proposal to USPTO...more

Fenwick & West LLP

Tracking #AliceStorm: Spring Showers Continue to Rain Patent Destruction

Fenwick & West LLP on

It's been six weeks since my last AliceStorm update, and we've had plenty of action: twelve §101 decisions, and fourteen patents invalidated in just that period. That said, the success rate of motions on the pleadings is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Reaction to Supreme Court's Decision in AMP v. Myriad

McDonnell Boehnen Hulbert & Berghoff LLP on

It has been just over two weeks since the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., holding that a naturally occurring DNA segment is a product of nature and not patent...more

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