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Patent-Eligible Subject Matter › Intellectual Property Protection

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Smart & Biggar

SCC to revisit “method of medical treatment” patent claims

Smart & Biggar on

This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”. In the underlying action, Janssen asserted that Pharmascience would infringe...more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

Goodwin on

Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more

Miller Canfield

A New Alice Plot Twist - Can a Composition of Matter Be an Abstract Idea?

Miller Canfield on

The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for...more

MoFo Life Sciences

Federal Circuit addresses subject matter eligibility for compositions of matter in US Synthetic v. ITC

MoFo Life Sciences on

Earlier this month, the Federal Circuit decided a subject matter eligibility case closely watched in the pharmaceutical industry. The case involved composition-of-matter claims reciting measured results. Reversing the...more

Holland & Knight LLP

Access Denied: Patent for Controlling Entry Found Ineligible Under Section 101

Holland & Knight LLP on

Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more

McDermott Will & Emery

Federal Circuit Polishes § 101’s Abstract Idea Test

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

McDonnell Boehnen Hulbert & Berghoff LLP on

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

Alston & Bird

Patent Case Summaries | Week Ending February 14, 2025

Alston & Bird on

Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon...more

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

2024 Federal Circuit IP Appeals: Summaries of Key 2024 Decisions

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

2024 brought exciting developments at the Federal Circuit. The court issued its first en banc decision in a patent case in five years in LKQ, which significantly altered the standard for proving obviousness of a design...more

Sheppard Mullin Richter & Hampton LLP

Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

Sheppard Mullin Richter & Hampton LLP on

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...more

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

AI IP Year in Review - AI Developments at the USPTO

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

Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more

MoFo Tech

USPTO's AI Strategy: Key Focus Areas and Insights

MoFo Tech on

The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI). The USPTO Artificial Intelligence...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

Fish & Richardson on

With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

DLA Piper

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

DLA Piper on

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101....more

Kilpatrick

5 Key Takeaways | Alice at 10: A Section 101 Update

Kilpatrick on

It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the...more

Troutman Pepper Locke

Leveraging Policy Changes to Achieve AI Patent Eligibility

Troutman Pepper Locke on

The patent landscape for artificial intelligence is poised to undergo significant transformation. Originally published in Law360 - August 23, 2024....more

A&O Shearman

Election Results Are In—Here’s How IP Disputes Policy May Change.

A&O Shearman on

Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more

Dickinson Wright

Part 2: Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance

Dickinson Wright on

This is the second post in a 3-part series. Example 48 is described below, which is directed to analyzing speech signals and separating desired speech from extraneous or background speech using AI....more

Harris Beach Murtha PLLC

Strategies for Patenting AI-Related Inventions

Harris Beach Murtha PLLC on

The rapid advancement of artificial intelligence has created unprecedented opportunities for innovation, but securing patent protection for AI-related inventions remains challenging under current U.S. patent law....more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Hudnell Law Group

The Hidden Hurdles Of Section 101 Eligibility Determinations

Hudnell Law Group on

On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against...more

Dickinson Wright

Key Takeaways from Claim Examples in the 2024 AI Patent Eligibility Guidance: A 3-Part Series

Dickinson Wright on

Part 1 - On July 17, 2024, the U.S. Patent and Trademark Office (the Office) released new guidance on subject matter eligibility, entitled “The 2024 Patent Subject Matter Eligibility Guidance Update Including on Artificial...more

Keating Muething & Klekamp PLL

Intellectual Property Law in the Age of Generative AI

Keating Muething & Klekamp PLL on

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more

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

Subject Matter Eligibility of AI Innovations—USPTO’s Updated Guidance

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

This article discusses the July 17, 2024 guidance issued by the United States Patent and Trademark Office (“USPTO”) regarding the subject matter eligibility of patent claims involving artificial intelligence (“AI”). The...more

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