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Patent-Eligible Subject Matter › New Guidance › Patent Trial and Appeal Board

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

AI IP Year in Review - AI Developments at the USPTO

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

Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more

Faegre Drinker Biddle & Reath LLP

October 2019 Patent Eligibility Guidance Update

Faegre Drinker Biddle & Reath LLP on

Earlier this year, the United States Patent and Trademark Office (USPTO or “the Office”) published the 2019 Revised Subject Matter Eligibility Guidance (2019 PEG), which set forth newly revised procedures to be used by USPTO...more

Holland & Knight LLP

The PTAB Provides Guidance on Patent Eligibility Framework

Holland & Knight LLP on

Earlier this month, the Patent Trial and Appeal Board (PTAB) designated as informative four of its decisions applying the newest patent eligibility framework. This new eligibility framework, based on the United States Patent...more

Mintz - Intellectual Property Viewpoints

Help from the PTAB in Applying USPTO § 101 Subject Matter Eligibility Guidance

Mintz - Intellectual Property Viewpoints on

In July 2019 the U.S. Patent Trial and Appeal Board (PTAB) newly designated four decisions as informative to highlight the PTAB’s general consensus on issues considered in these cases. All four cases involve the PTAB applying...more

Knobbe Martens

2019 Eligibility Guidance Leads to Unpredictable Results at the PTAB

Knobbe Martens on

In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the requirements of 35 USC Section 101. The guidance sought to add...more

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

Global Patent Prosecution - February 2019: Practice Tips: USPTO’s New Guidance on Patent Eligibility

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

Patent stakeholders have recognized the difficulties in consistently predicting what subject matter is patent-eligible, given the inconsistent and varying manner in which the Alice/Mayo test has been applied over the years....more

Hogan Lovells

USPTO Announces Revised Guidance for Subject Matter Eligibility

Hogan Lovells on

The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”. ...more

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