News & Analysis as of

Section 101 United States Patent and Trademark Office Computer-Related Inventions

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

Navigating Inventorship of AI-Assisted Inventions: USPTO's Guidance and Implications

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a...more

Polsinelli

The USPTO's AI Inventorship Guidance

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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

AEON Law

Patent Poetry: Big Tech Companies and Startups Disagree about Impact of Patent Law

AEON Law on

The US Patent and Trademark Office (USPTO) recently issued a study entitled “Patent eligible subject matter: Public views on the current jurisprudence in the United States.” The report was prepared in response to a...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

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

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

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

Holland & Knight LLP

USPTO Designates Ex Parte Linden as an Informative § 101 PTAB Decision

Holland & Knight LLP on

The U.S. Patent and Trademark Office (USPTO), on occasion, publishes certain Patent Trial and Appeal Board (PTAB) decisions as precedential or informative. An informative decision provides PTAB norms on recurring issues,...more

Akin Gump Strauss Hauer & Feld LLP

PTAB Designates as Informative Three Decisions on Obviousness and Patent Eligibility

The Patent Trial and Appeal Board (PTAB) recently designated three more decisions as informative, bringing the total number of informative decisions to 13 for 2019. Two decisions—one final and one on institution—address...more

Nelson Mullins Riley & Scarborough LLP

USPTO's October 2019 Update to 35 U.S.C. § 101 Patent Eligibility Guidance

The U.S. Patent and Trademark Office (“USPTO”) recently released October 2019 Patent Eligibility Guidance Update (“October 2019 Update”), which supplements the Guidance issued on January 7, 2019 (“2019 Guidance”)....more

Troutman Pepper

Updated Guidance on Section 101 Subject Matter Eligibility

Troutman Pepper on

On October 17, 2019, the U.S. Patent and Trademark Office issued a 22-page updated guidance document on subject matter eligibility under 35 USC §101.  Subject matter eligibility is becoming increasingly important in the...more

Fish & Richardson

Patenting Software: A Case Study in Overcoming Alice

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In 2014, the United States Supreme Court handed down its decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., 573 U.S. 208, which significantly altered the patentability of software, business methods,...more

McDermott Will & Emery

Abstract Idea Analysis Not Always So Concrete

McDermott Will & Emery on

A divided panel of the US Court of Appeals for the Federal Circuit affirmed the district court, finding that a claimed method for monitoring and analyzing a computer network was directed to an improvement in computer...more

Cooley LLP

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

Cooley LLP on

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

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

Global Patent Prosecution - February 2019: 5 Things To Know About USPTO’s New Eligibility Guidance

On January 7, 2019, the U.S. Patent and Trademark Office (USPTO) issued new guidance on Patent Eligibility, seeking to improve the overall clarity, consistency, and predictability of patent eligibility analysis performed by...more

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

Global Patent Prosecution Newsletter - February 2019

USPTO’s New Guidance on Subject Matter Eligibility - Few areas of patent law are as unsettled as subject matter eligibility. To improve clarity, consistency, and predictability, the USPTO recently published new guidance on...more

WilmerHale

USPTO Issues Revised Patent Subject Matter Eligibility Guidance and Guidance for Examining Computer-Implemented Functional Claims...

WilmerHale on

The USPTO has issued updated guidance for examiners and administrative patent judges (APJs) relating to subject matter eligibility under 35 U.S.C. 101 and examining computer-implemented functional claim limitations under 35...more

K&L Gates LLP

USPTO Clarifies Alice/Mayo Step 2A With New Patent Subject-Matter Eligibility Guidance

K&L Gates LLP on

For the last several years, a major part of prosecuting software-related patents at the U.S. Patent and Trademark Office (“USPTO”) has been dealing with the USPTO’s inconsistent interpretation of patent subject-matter...more

Bradley Arant Boult Cummings LLP

Federal Circuit Affirms Rejection of Broad, Computer-Based Claims

As we’ve covered in other summaries, the Federal Circuit continues to define the line between computer-implemented claims that are patent ineligible under 35 U.S.C. § 101 for being directed to an abstract idea with no...more

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

Global Patent Prosecution Newsletter - October 2018: How To Do The Two-Step In The United States: The Current State of...

In the wake of the Supreme Court’s Mayo and Alice decisions, uncertainty has surrounded what inventions are patent eligible in the United States. In Mayo and Alice, the Supreme Court developed a two-step test to determine...more

Blank Rome LLP

Out of Wonderland from Diehr to Aatrix: Three Steps to Overcoming 101 Rejections – Part II

Blank Rome LLP on

This second part of a two-part article discusses four decisions by the U.S. Court of Appeals for the Federal Circuit finding subject matter eligibility under step 2 of Alice Corporation Pty. Ltd. v. CLS Bank International, et...more

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Blank Rome LLP

Out of Wonderland from Diehr to Aatrix: 3 Steps to Overcoming 101 Rejections

Blank Rome LLP on

Post-Alice, the United States Patent and Trademark Office (“PTO”) is aggressively rejecting software claims under the Alice two-part test, the parameters of which many examiners are still trying to understand. Not...more

Fox Rothschild LLP

One Step Forward, Two Steps Back For Software Patents At The Federal Circuit

Fox Rothschild LLP on

In the past year, several Federal Circuit decisions defined situations in which software inventions could be eligible for patenting in the United States. However, two recent Federal Circuit decisions show that the path for...more

Womble Bond Dickinson

Testing a Patent Claim against an Abstract Idea, in Response to 35 USC §101 Rejection

Womble Bond Dickinson on

USPTO (United States Patent and Trademark Office) rejection of a patent claim, alleging the claim is not significantly more than an abstract idea under 35 USC §101, is a frequent and often frustrating occurrence during patent...more

Knobbe Martens

U.S. Patent Office Provides Additional Examples of Eligible Subject Matter

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After the Supreme Court case of Alice v. CLS Bank in 2014, the Patent Office has issued a series of examination guidelines and examples to guide examiners and patent practitioners in determining patent eligible subject...more

Fenwick & West LLP

Exploring the Legal Contours of Patent Subject Matter Eligibility

Fenwick & West LLP on

I'd like to go back to some first principles and history. Article 1, Section 8 of the Constitution neatly divided the promotion of, on the one hand: Science, the fields of knowledge and ideas, by securing exclusive...more

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