News & Analysis as of September 23, 2024

Patent-Eligible Subject Matter › Novelty

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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 -

How Do I Know If My Design Is Patentable? The New Test

Dunlap Bennett & Ludwig PLLC on 7/9/2024

Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more

Intellectual Property Primer Series: Patent Basics

Levenfeld Pearlstein, LLC on 11/9/2023

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

The Three Properties of Patent-Eligibility: An Empirical Study

McDonnell Boehnen Hulbert & Berghoff LLP on 8/1/2020

Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the Alice v. CLS Bank decision six years ago, the distinction between what might be subject matter that can be patented and what is...more

A Recipe for Patent Protection: Are food products patentable?

International Lawyers Network on 5/5/2020

In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and...more

Federal Circuit Review - August 2019

Knobbe Martens on 10/3/2019

Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance - In Virnetx Inc. v. Apple Inc., Appeal Nos. 2017-1591, -1592,...more

Design patents: a growing trend in the hardware space

White & Case LLP on 7/30/2019

Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

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

Sunstein LLP on 5/23/2019

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

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on 2/23/2019

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process?

Knobbe Martens on 12/7/2018

Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap...more

Nike's Shoe Patents Outrun Puma's Challenge

Knobbe Martens on 12/6/2018

On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more

Global Patent Prosecution Newsletter - November 2018: Blockchain-ing Alice?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/19/2018

Over the past few years, a dramatic number of blockchain-related patent applications have been filed at the U.S. Patent & Trademark Office (USPTO). Blockchain innovations may be categorized as software-use cases and thus may...more

Section 101 Gains a Toehold in IPRs

Sunstein LLP on 8/31/2018

Inter partes reviews (IPR) are limited by statute to grounds of invalidity under 35 U.S.C. §§ 102 (novelty requirement) and 103 (nonobviousness requirement) and on the basis of prior art patents or printed publications....more

Patented Halloween, Thanksgiving and Christmas Inventions

Womble Bond Dickinson on 1/17/2018

Part of the enjoyment of Halloween and Christmas is seeing the clever decorations and novelties people come up with for these two celebrations. But did you know, some of these are patented inventions? With (belated) Season’s...more

Even Non-Obvious Patent Claims May Lack Inventive Concepts

Knobbe Martens on 12/27/2017

In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more

Canada Provides More Guidance On Patent Eligibility Of Diagnostic Method Claims

Foley & Lardner LLP on 11/30/2017

While the patent eligibility of diagnostic method claims remains questionable in the United States, the Canadian Intellectual Property Office has issued updated guidance on the types of diagnostic method claims that can–and...more

Patent Eligibility of Computer Implemented Inventions in the US

Knobbe Martens on 10/25/2017

At a recent Knobbe Martens and Bugnion SpA Seminar, Vlad Teplitskiy presented on patentable subject matter in the U.S. ...more

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Patent-Eligible Subject Matter › Novelty

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