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Patent-Eligible Subject Matter › Section 101

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 -
Fish & Richardson

Federal Circuit Finds Conventional Components Can Provide a Technological Advantage at Alice Step 1

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On September 9, the Federal Circuit reversed a Northern District of California decision that invalidated two video camera patents as being directed to patent-ineligible abstract ideas under 35 U.S.C. § 101. Contour IP...more

WilmerHale

Federal Circuit Patent Watch: An Expert Need Not Have Acquired the Requisite Skill Level Prior to the Time of the Invention

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Precedential and Key Federal Circuit Opinions - WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC. [OPINION] (2022-1884, 8/28/2024) (Prost, Taranto, and Chen) - Prost, J. The Court affirmed two final judgments of the...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

Baker Botts L.L.P.

The Importance of Prong Two of Step 2A for AI inventions

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Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: July 2024

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Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR),...more

McDermott Will & Emery

Not Just a Blip: Section 101 as Affirmative Defense

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On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the...more

Jones Day

Federal Circuit Dismisses Appeals As Moot

Jones Day on

Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #2

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Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as...more

Eversheds Sutherland (US) LLP

The reality of patent claims using artificial intelligence: USPTO publishes AI guidance

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The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more

Ballard Spahr LLP

New USPTO Guidance Hones AI-Related Patent Eligibility Criteria

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The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more

Goodwin

USPTO Issues Further Guidance on AI-Related Patent Eligibility

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On July 17th, the USPTO issued a guidance update to help USPTO personnel and those who interact with the agency evaluate the subject matter eligibility of claims in patent applications involving artificial intelligence (AI)....more

Dorsey & Whitney LLP

Patent Office Publishes Subject Matter Eligibility Guidance

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On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) announced new guidance for examination of patent applications directed to critical and emerging technologies, including artificial intelligence (AI)....more

McDermott Will & Emery

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

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On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more

Fenwick & West LLP

Inside USPTO’s AI Subject Matter Eligibility Guidance

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In accordance with President Biden’s Executive Order on the use of Artificial Intelligence (AI) in October 2023, the U.S. Patent and Trademark Office (USPTO) has issued new subject matter eligibility guidance relating to AI...more

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

IP Hot Topic: Update on USPTO Guidance for AI Subject Matter Eligibility

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

On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

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On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

BakerHostetler on

In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

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As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more

A&O Shearman

USPTO Updates Guidance On Patent Subject Matter Eligibility For AI And Other Emerging Technologies

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On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C....more

Fish & Richardson

USPTO Updates Eligibility Guidance on AI Inventions

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On July 17, the USPTO published an update to the patent eligibility guidance and added three new examples to aid practitioners and examiners in determining whether a claimed invention is eligible subject matter under Section...more

McDermott Will & Emery

House Rules: Remote Gambling Activity Claims Go Bust

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The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to...more

Womble Bond Dickinson

USPTO Issues Updated Guidance on Patent Subject Matter Eligibility and AI

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From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert...more

Kilpatrick

5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law

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Kilpatrick partners Tina McKeon, Michael Bertelson, and Michael Turton recently joined Laura Fritts (Vice President, Intellectual Property, Legal, Azurity Pharmaceuticals, Inc.) to present at the annual Kilpatrick...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Applies WesternGeco Framework to Expert’s Effort to Seek Royalties Flowing from Customers Overseas

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In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more

Seyfarth Shaw LLP

101 Whack-a-Mole – Yet Another Software Patent Falls Victim to Section 101

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In 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International.  The Alice decision established new standards for determining whether inventions, especially those related...more

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