Posts Tagged: patentable


Revising Section 101 of the Patent Act: What’s at Stake?

These revisions favor patent owners, according to Palmer, but not everyone is supportive. For instance, Bilski, Mayo, Myriad, and Alice have given several accused infringers an additional …

Federal Circuit says Cleveland Clinic Diagnostic Patents Ineligible Under § 101

The Cleveland Clinic’s diagnostic or “testing” patents at issue dealt with a process by which an enzyme was measured and correlated against known levels of the …

Patentability Overview: When can an Invention be Patented?

Unfortunately, the patentability requirements are frequently misunderstood. For many who are not well versed in patent law one of the reasons it can be confusing when considering …
By Gene Quinn
1 year ago 2

Through the Looking Glass: Recent Federal Circuit Decisions Do Not Change the Need for Action on Alice

The few CAFC cases (since Alice) that have found inventions to be subject matter eligible is certainly a welcome development. These cases indicate that the CAFC does …
By Manny Schecter
2 years ago 5

SCOTUS Asked to Resolve Splits in Patent-Eligibility Analysis in Context of Video-On-Demand Technology

On April 13, 2017, Broadband iTV, Inc. (“BBiTV”) filed a petition for a writ of certiorari with the Supreme Court of the United States, requesting that the Court to …

Request for Amicus Support at Federal Circuit in Evolutionary Intelligence v. Sprint Nextel Corp.

Since the Supreme Court’s Alice decision, district courts and the Federal Circuit have been ruling on what they perceive as the “abstractness” of patents—not with …
By Meredith Addy
2 years ago 3

Taking stock of the health of the American patent system, a system in crisis

“In our time together today we are going to try and take stock of the health of the American patent system,” Michel began. “It is important to …
By Gene Quinn
2 years ago 32

Why a Hall of Fame patent for a content delivery network likely couldn’t survive Alice

There can be little doubt that today the claims of the ‘703 patent would be considered to cover a patent ineligible abstract idea. In other words, had the …
By Gene Quinn
2 years ago 19

The coupling of § 101 and § 112, and what it means for patent practitioners

A recent opinion by the Federal Circuit suggests that there will be considerable uncertainty about the respective boundaries of §§ 101 and 112 in the years ahead. In Trading Technologies …

Revolutionary JP Morgan software capable of doing contract review likely patent ineligible in the U.S.

JP Morgan has created revolutionary software capable of doing in seconds the same work that it would take a large team of lawyers 360,000 hours to complete. Clearly, …
By Gene Quinn
2 years ago 77

The PTAB is a thoroughly broken tribunal incapable of being fixed

One Administrative Patent Judge — Judge Meredith Petravick — dissented. Petravick said it was inappropriate for the PTAB to terminate the '304 patent CBM because the parties were different …
By Gene Quinn
2 years ago 35

What Inventors Need to Fix the Patent System

While we have damaged our patent system, China has strengthened theirs. Job creation is stagnant, economic growth is anemic and the America Dream is dying. Congress must …

Time to patent invalidity decisions on Rocket Docket calls value of PTAB into question

If the Eastern District of Virginia can dispatch patent cases in less time than the PTAB, why should we suffer the indignity of the lack of due …
By Gene Quinn & Steve Brachmann
2 years ago 8

Operational Mathematics on a Processor is not an Abstract Idea

Mathematics has long been accepted as a tool to model the physical reality. For many it is hard to grasp that math actually “does something.” The reality …
By Peter Lablans
2 years ago 47

Doc’s Orders: Analogize to Overcome Patent Eligibility Rejections

Taking a hint from what has worked before can give patent prosecutors an advantage. The question is then how to find such examples for use in forming …
By Andrew Gabriel
2 years ago 2