Category: Patents
Software Can Be Patent-Eligible, But the Eligibility Threshold Remains Unclear
Monday | May 16, 2016By James Watsonpatent claim, patent eligibilityFor the second time since the Supreme Court issued its decision regarding patentable subject matter in Alice, the Federal Circuit has found a software invention executable on generic computer hardware to be patent-eligible subject matter. Enfish had sued Microsoft for…
Read MoreSoftware Can Be Patent-Eligible, But the Eligibility Threshold Remains Unclear
Monday | May 16, 2016By Shane Skwarekpatent claim, patent eligibilityFor the second time since the Supreme Court issued its decision regarding patentable subject matter in Alice, the Federal Circuit has found a software invention executable on generic computer hardware to be patent-eligible subject matter. Enfish had sued Microsoft for…
Read MoreWhen Can Conventional Portions of a Patent Claim Be Ignored?
Tuesday | May 3, 2016By James Watsonfederal circuit, patent claim, patent eligibility, subject-matter eligibilityOn April 22, 2016, the U.S. Court of Appeals for the Federal Circuit continued its post-Alice pattern of upholding claim rejections on subject-matter ineligibility grounds under 35 U.S.C. § 101. In In re Brown, No. 2015-1852, 2016 U.S. App. LEXIS…
Read MoreWhen Can Conventional Portions of a Patent Claim Be Ignored?
Tuesday | May 3, 2016By Shane Skwarekfederal circuit, patent claim, patent eligibility, subject-matter eligibilityOn April 22, 2016, the U.S. Court of Appeals for the Federal Circuit continued its post-Alice pattern of upholding claim rejections on subject-matter ineligibility grounds under 35 U.S.C. § 101. In In re Brown, No. 2015-1852, 2016 U.S. App. LEXIS…
Read MoreHow Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility
Monday | March 14, 2016By James Watsoncourt ruling, patent claim, patent eligibilityThe Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…
Read MoreHow Closely a Court is Willing to Look at Your Claim May Determine its Patent Eligibility
Monday | March 14, 2016By Shane Skwarekcourt ruling, patent claim, patent eligibilityThe Court of Appeals for the Federal Circuit upheld the rejection of a patent applicant’s claims in In re Smith, No. 2015-1664, 2016 U.S. App. LEXIS 4431 (Fed. Cir. Mar. 10, 2016). The applicant had appealed an examiner’s rejection, and…
Read MoreWhen Are Your Method Claims at Risk of Challenge Under Covered Business Method Patent Review?
Tuesday | March 8, 2016By Shane Skwarekfederal circuit, patent claim, subject-matter eligibilityThe Court of Appeals for the Federal Circuit issued a decision in Blue Calypso, LLC v. Groupon, Inc., Nos. 2015-1391 et al., 2016 U.S. App. LEXIS 3728 (Fed. Cir. March 1, 2016), which involved an appeal from final decisions resulting…
Read MoreWhen Are Your Method Claims at Risk of Challenge Under Covered Business Method Patent Review?
Tuesday | March 8, 2016By James Watsonfederal circuit, patent claim, subject-matter eligibilityThe Court of Appeals for the Federal Circuit issued a decision in Blue Calypso, LLC v. Groupon, Inc., Nos. 2015-1391 et al., 2016 U.S. App. LEXIS 3728 (Fed. Cir. March 1, 2016), which involved an appeal from final decisions resulting…
Read MoreWhat Exactly is Abstract and When Does a Claim Present “Something More?”
Monday | February 29, 2016By James Watsoncourt ruling, patent attorney, patent claim, patent eligibilityOn February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…
Read MoreWhat Exactly is Abstract and When Does a Claim Present “Something More?”
Monday | February 29, 2016By Shane Skwarekcourt ruling, patent attorney, patent claim, patent eligibilityOn February 23, 2016, the Patent Trial and Appeal Board of the U.S. Patent Office issued a routine (i.e., nonprecedential) decision in Ex parte Beier et al., No. 2013-006251, 2016 Pat. App. LEXIS 533 (P.T.A.B. Feb. 23, 2016). The claims…
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