Section 101, Patent Applications, Alice/Mayo

Federal Circuit Clarifies Patent Eligibility of Inventions Involving the Use of Machine Learning Models

Kilpatrick on 5/1/2025

In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437, slip op. at 18 (Fed. Cir. April 18, 2025), the Federal Circuit held that “patents that do no more than claim the application of generic machine learning to new data...more

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on 4/8/2025

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Patent Office Publishes Subject Matter Eligibility Guidance

Dorsey & Whitney LLP on 8/2/2024

On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) announced new guidance for examination of patent applications directed to critical and emerging technologies, including artificial intelligence (AI)....more

Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) (“Opinion”)

Sheppard Mullin Richter & Hampton LLP on 10/9/2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101...more

Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

Sheppard Mullin Richter & Hampton LLP on 6/23/2023

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more

Characterization of Claim Elements as “Conventional” Results in Section 101 Subject Matter Ineligibility

BakerHostetler on 7/26/2022

In an attempt to broaden a patent’s disclosure and provide Section 112 support for features that are not explicitly disclosed within the patent’s specification (such as reagents, assays, techniques, etc.), patent applications...more