News & Analysis as of October 19, 2024

Prior Art

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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 -

How Do I Know If My Design Is Patentable? The New Test

Dunlap Bennett & Ludwig PLLC on 7/9/2024

Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more

Intellectual Property Primer Series: Patent Basics

Levenfeld Pearlstein, LLC on 11/9/2023

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process?

Knobbe Martens on 12/7/2018

Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap...more

Global Patent Prosecution Newsletter - November 2018: Blockchain-ing Alice?

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 11/19/2018

Over the past few years, a dramatic number of blockchain-related patent applications have been filed at the U.S. Patent & Trademark Office (USPTO). Blockchain innovations may be categorized as software-use cases and thus may...more

Section 101 Gains a Toehold in IPRs

Sunstein LLP on 8/31/2018

Inter partes reviews (IPR) are limited by statute to grounds of invalidity under 35 U.S.C. §§ 102 (novelty requirement) and 103 (nonobviousness requirement) and on the basis of prior art patents or printed publications....more

Even Non-Obvious Patent Claims May Lack Inventive Concepts

Knobbe Martens on 12/27/2017

In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more

Patent Eligibility of Computer Implemented Inventions in the US

Knobbe Martens on 10/25/2017

At a recent Knobbe Martens and Bugnion SpA Seminar, Vlad Teplitskiy presented on patentable subject matter in the U.S. ...more

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