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Patent-Eligible Subject Matter › Patent Act

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 -
Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

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As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

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

AI Inventorship: Navigating Patent Rights Around the Globe

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

Recently, the United States Patent and Trademark Office (USPTO) released proposed guidelines addressing the complex issue of AI inventorship. The PTO is not the only agency attempting to tackle this issue; jurisdictions...more

Alston & Bird

USPTO Updates Subject-Matter Guidance to Encompass Impact of Artificial Intelligence

Alston & Bird on

The U.S. Patent and Trademark Office (USPTO) has updated its patent subject-matter eligibility guidance to address inventions involving artificial intelligence (AI). Our Intellectual Property Team examines how the revised...more

Polsinelli

The USPTO's AI Inventorship Guidance

Polsinelli on

The USPTO published its new “Inventorship Guidance for AI-assisted Inventions” on the Federal Register on February 13, 2024. This new guidance was in part a response to the Federal Circuit’s Thaler decision, which ruled that...more

Akin Gump Strauss Hauer & Feld LLP

AI-Assisted Inventions May Be Patentable, but Only Humans Can Be Inventors

Akin Gump Strauss Hauer & Feld LLP on

As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Weintraub Tobin

USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

Weintraub Tobin on

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a...more

Seyfarth Shaw LLP

USPTO Guidelines Define the Role of AI in Patent Inventorship

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In 2022, the Federal Circuit definitively ruled that artificial intelligence (AI) systems cannot be named inventors or co-inventors on patent applications, reinforcing the longstanding principle that only natural persons are...more

MoFo Tech

AI Trends For 2024 - The “Abstract Ideas” Behind Artificial Intelligence Inventions

MoFo Tech on

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI)...more

Smart & Biggar

Federal Court declines to grant injunction for infringement of HUMIRA formulation patent

Smart & Biggar on

On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“Regulations”) and two patent...more

AEON Law

Split Decision on Patents for Restricting Access to Computer Files

AEON Law on

A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more

Foley & Lardner LLP

Safeguarding AI Innovation in Stem Cell Therapy

Foley & Lardner LLP on

The use of artificial intelligence (AI) to advance stem cell therapy has produced exciting results, with a key role in driving recent growth and innovation. Separated into three parts, this article provides an overview the...more

WilmerHale

Open Questions Regarding the Patent Eligibility Restoration Act of 2023

WilmerHale on

United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023 (the “Act”) on June 22, 2023. The Act seeks to modify and clarify “patent eligibility jurisprudence...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2023 #2

Schwabe, Williamson & Wyatt PC on

In re: John L. Couvaras, Appeal No. 2022-1489 (Fed. Cir. June 14, 2023) In our Case of the Week, the Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeals Board decision that a patent application’s...more

BakerHostetler

Will the Supreme Court Reevaluate the Subject Matter Eligibility of Diagnostic Claims?

BakerHostetler on

Since the Supreme Court’s decisions in Mayo Collaborative Servs. v. Prometheus Lab’ys, Inc., 566 U.S. 66 (2012), and Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208 (2014), “diagnostic” patent claims have repeatedly...more

McDonnell Boehnen Hulbert & Berghoff LLP

Can Judge Michel (and John Duffy) Convince the Supreme Court to Revisit Subject Matter Eligibility?

McDonnell Boehnen Hulbert & Berghoff LLP on

Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent...more

BakerHostetler

The Scope of Eligibility

BakerHostetler on

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McCarter & English, LLP

New Bill Seeks to Remove Long-Standing Roadblock to Patent Protection

McCarter & English, LLP on

Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving...more

AEON Law

Patent Poetry: Federal Circuit Rules AI Can't Invent

AEON Law on

The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Smart & Biggar

Canadian Patent Law 2021: A round-up of interesting developments and court decisions

Smart & Biggar on

2021 saw changes in Canadian patent legislation, and a variety of court decisions addressing rarely interpreted provisions of the Patent Act, early consideration of recently enacted provisions, and new takes on central tenets...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

Proskauer - Life Sciences on

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

Haug Partners LLP

Alice in 101-derland

Haug Partners LLP on

In a June 11, 2021 decision, Yu v. Apple Inc., a Federal Circuit panel issued a precedential decision, with a dissent, upholding the invalidation of patent claims to a digital camera on a motion to dismiss. The claims were...more

Bradley Arant Boult Cummings LLP

Court Decision Means that Antibody Patenting Is Not Getting Easier

Bradley Arant Boult Cummings LLP on

Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher...more

Hogan Lovells

Judge signals that artificial intelligence cannot be named as an inventor in the United States

Hogan Lovells on

The ongoing artificial intelligence (“AI”) inventorship case of Thaler v. Iancu, et al. (No. 1:20-cv-00903) took another turn on April 6th when U.S. District Court Judge Leonie Brinkema of the Eastern District of Virginia...more

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