News & Analysis as of September 21, 2024

Patent-Eligible Subject Matter

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The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +

The Uncertain Future of Patent Eligibility

Womble Bond Dickinson on 8/2/2019

For many companies in many industries, patents are an important tool for driving innovation. At the same time, patents limit competition, so that companies must also be wary of their competitors’ patent portfolios. The result...more

USPTO Publishes Business Method Subject Matter Eligibility Examples: Part I

McDonnell Boehnen Hulbert & Berghoff LLP on 1/20/2017

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: NYIPLA

McDonnell Boehnen Hulbert & Berghoff LLP on 9/29/2015

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

Guest Post -- On Ariosa and Natural Products

McDonnell Boehnen Hulbert & Berghoff LLP on 9/28/2015

Recently, I had the privilege of speaking at the annual meeting of the American Society of Pharmacognosy in Colorado. Members of this scientific association are dedicated to identifying and isolating natural products from...more

Patent Watch: C.W. Zumbiel Co. v. Kappos

BakerHostetler on 1/10/2013

[T]he preamble constitutes a limitation when the claim(s) depend on it for antecedent basis, or when it "is essential to understand limitations or terms in the claim body." On December 27, 2012, in C.W. Zumbiel Co. v....more

Supreme Court Rules on Business Method Patents in Bilski v. Kappos

Womble Bond Dickinson on 7/2/2010

On June 28, 2010, the Supreme Court issued its long-awaited decision on business method patents in Bilski v. Kappos, No. 08-964. The Court unanimously agreed that Bilski’s invention, which was a process directed toward “how...more

U.S. Supreme Court In Bilski v. Kappos Paves The Way For Broader Scope Of Patent-Eligible Process Claims

Wilson Sonsini Goodrich & Rosati on 7/2/2010

On June 28, 2010, the U.S. Supreme Court issued a decision in Bilski v. Kappos, No. 08- 964, slip op. (U.S. June 28, 2010) rejecting the rigid “machine-or-transformation” test for patent-eligible subject matter proffered by...more

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