Category: § 101

Automating Animation: Patentable; Automating Captions: Hold On

Monday | March 15, 2021By Shane Skwarek§ 101, software patent, subject-matter eligibility

The U.S. Court of Appeals for the Federal Circuit has issued a decision affirming that patent claims to automating the process of making closed captions for audio-visual media are ineligible for patent protection. In Enco Sys. v. Davincia, the Court affirmed…

Sequenom’s More Specific Claims Survive

Monday | March 23, 2020By Shane Skwarek§ 101, court ruling, diagnostic method, litigation, patent drafting, patent eligibility, Sequenom, tips for inventors

The U.S. Court of Appeals for the Federal Circuit took another look at Sequenom's techniques for detecting fetal blood cells in a maternal blood sample. In Illumina Inc. & Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 2019-1419, 2020 U.S. App.…

Software Patent Claims Saved by Problem-Solution Approach

Monday | November 18, 2019By Shane Skwarek§ 101, patent claim, patent eligibility, software patent, subject-matter eligibility

The U.S. Court of Appeals for the Federal Circuit reversed a lower court's decision that software patent claims involving techniques for varying check data to verify data transmissions were ineligible for patent protection in KPN v. Gemalto, No. 2018-1863, 2019…

U.S. Patent Office Issues Updated Patent Eligibility Guidance

Monday | October 21, 2019By Shane Skwarek§ 101, medical device patent, patent eligibility, patent office guidance, software patent

The U.S. Patent Office has issued a supplement to the Patent Eligibility Guidance it released in early 2019. The supplement includes four new examples showing an initial, broad claim that the Office considers to be ineligible for patent protection. The…