News & Analysis as of September 20, 2024

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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 -

Claim Construction When Uniformly Referring to Aspects of an Invention

Knobbe Martens on 4/10/2024

Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

Morgan Lewis on 8/11/2022

The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor....more

Update on Artificial Intelligence as a Patent Inventor

Proskauer - Life Sciences on 1/19/2022

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

How to Successfully Obtain Blockchain Patents

Sheppard Mullin Richter & Hampton LLP on 2/26/2021

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more

3 Key Takeaways - Subject Matter Eligibility, Inventorship, and Artificial Intelligence

Kilpatrick on 11/24/2020

Recently, Sameer Vadera was a panelist on the “Subject Matter Eligibility, Inventorship, and Artificial Intelligence” panel co-hosted by the Pauline Newman IP American Inn of Court and the PTAB Bar Association. The panelists...more

On the Patent Eligibility of Graphical User Interfaces: Part I

McDonnell Boehnen Hulbert & Berghoff LLP on 11/9/2020

The evolution of graphical user interfaces parallels the evolution of computing technology itself. As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on 4/9/2020

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

PTAB Strategies and Insights - March 2020: Another Patent Ineligible Technology - Adding to the Growing List

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 3/22/2020

We wanted to bring to your attention a recent case out of the Federal Circuit: Customedia v. Dish. This case focused on patent-eligibility and computer software claims... ...more

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on 11/26/2019

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Alert: USPTO Revised Patent Eligibility Guidelines Significantly Eases Path to Obtaining Computer-Related Patents

Cooley LLP on 3/15/2019

On January 7, 2019, the United States Patent and Trademark Office (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Guidance, a major update to the examination guidelines for evaluating whether a patent claim...more

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

Mintz - Intellectual Property Viewpoints on 11/8/2018

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

Patenting Artificial Intelligence and Machine Learning Innovations in Europe

Jones Day on 10/25/2018

The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more

EU Patent Office publishes preview of guidelines on patenting AI applications

Hogan Lovells on 10/5/2018

Earlier this year the European Patent Office (“EPO”) held its first ever conference on patenting artificial intelligence (“AI”)....more

The Blockchain Revolution: Time to Ramp Up Your Software Patenting Effort?

Ward and Smith, P.A. on 8/27/2018

As you read this article, hundreds of startups and other organizations are working on blockchain applications in such areas as energy trading, data storage trading, peer-to-peer lending, and verifying professional or other...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Shook, Hardy & Bacon L.L.P. on 1/23/2018

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

Sheppard Mullin Richter & Hampton LLP on 9/15/2017

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on 12/14/2016

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

A Compelling Invention Story May Support Patent-Eligibility

Knobbe Martens on 11/23/2016

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are...more

Determining Patent Eligibility Pre-Claim Construction May Be Premature

Knobbe Martens on 11/22/2016

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more

Video Upload Facilitation Patents Invalid Under Alice Framework

Akin Gump Strauss Hauer & Feld LLP on 11/22/2016

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Federal Circuit Split On Specification's Role In Determining Patent Eligibility

Holland & Knight LLP on 11/22/2016

The U.S. Court of Appeals for the Federal Circuit recently reversed a district court ruling that four related software patents are patent ineligible under 35 U.S.C. §101, by considering the specification to determine that the...more

Federal Circuit Judges Disagree Over Contours of Section 101

Knobbe Martens on 11/16/2016

The increased prominence of Section 101 in computer-related patent disputes stems from the Supreme Court case of Alice Corp. v. CLS Bank. Before Alice reached the Supreme Court, ten judges of the Federal Circuit considered...more

Software as Patentable Subject Matter Post Alice

Ladas & Parry LLP on 11/11/2016

The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the...more

Software Patents – Not a Waste of Money After All?

Snell & Wilmer on 11/10/2016

Since the Supreme Court ruling in Alice Corp. v. CLS Bank International, that a specific software algorithm was ineligible for patent protection, rumors abound that all software-related inventions are unpatentable. Although...more

Federal Circuit Avoids Abstract Idea Definition, Finds Computer Networking Patents Not Patent-Ineligible Despite Components...

Saul Ewing LLP on 11/9/2016

On November 1, 2016, the Federal Circuit issued a decision in Amdocs (Israel) Ltd. v. Openet Telecom, Inc., finding that asserted computer program and method claims for solving an accounting and billing problem faced by...more

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