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Patent-Eligible Subject Matter › Technology Sector

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 -
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

Knobbe Martens

Tying Claimed Technological Advancements to Specific Technological Methods Is a Winning POV on Patent Eligibility

Knobbe Martens on

Before Reyna, Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C. § 101 where the written description discloses...more

ArentFox Schiff

USPTO Issues Updated AI Subject Matter Eligibility Guidance

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) recently issued its 2024 Guidance on Patent Subject Matter Eligibility and July 2024 Subject Matter Eligibility Examples. This latest update builds on the 2019 Guidance by providing...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 6, July 2024

Spilman Thomas & Battle, PLLC on

Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business....more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

Mintz - Intellectual Property Viewpoints on

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more

Knobbe Martens

Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet

Knobbe Martens on

Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101...more

Lowenstein Sandler LLP

USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

Lowenstein Sandler LLP on

On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for...more

ArentFox Schiff

Global Perspective on Patenting of Blockchain, Crypto, and DeFi Technologies

ArentFox Schiff on

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early...more

McDermott Will & Emery

Special Report - 2020 IP Law Year in Review: Patents

McDermott Will & Emery on

In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more

Holland & Knight LLP

Conclusory Allegations Do Not Save Barcode Patent Found to be Ineligible Under Section 101

Holland & Knight LLP on

In Coding Technologies LLC v. Mississippi Power Co., 1:19-CV-994-LG-RHW (S.D. Mississippi, June 4, 2020), Coding Technologies (CT) asserted U.S. Patent No. 9,240,008, entitled, "Method for Providing Mobile Service Using...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 5

Sheppard Mullin Richter & Hampton LLP on

This article is the fifth in a five-part series. Each of these articles relates to the state of machine-learning patentability in the United States during 2019. Each of these articles describe one case in which the PTAB...more

Foley & Lardner LLP

How to Overcome the Two Biggest Challenges of Patenting AI Technologies

Foley & Lardner LLP on

Two interwoven challenges come to mind when considering how to successfully patent AI technologies. The first of these challenges is drafting claims whose infringement is detectable despite the black box nature of AI...more

McDonnell Boehnen Hulbert & Berghoff LLP

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

McDonnell Boehnen Hulbert & Berghoff LLP on

There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

Sheppard Mullin Richter & Hampton LLP on

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

Knobbe Martens

Trends and Changes in View of the USPTO’s Updated Revised Guidance (Presentation)

Knobbe Martens on

Partner Mauricio Uribe hosted a webinar presenting, "Trends and Changes in View of the USPTO's Updated Revised Guidance." Topics Include: • Summary of the October 2019 Update to the Revised Guidance •...more

Holland & Knight LLP

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Holland & Knight LLP on

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

McDermott Will & Emery

Check Processing Claims Bounce

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

Fenwick & West LLP on

In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

Holland & Knight LLP

Vehicle Control Patent Survives Early Eligibility Challenge

Holland & Knight LLP on

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

Foley & Lardner LLP

Automotive MarketTrends - June 2019, Issue 2

Foley & Lardner LLP on

Welcome to Foley’s Automotive MarketTrends newsletter. In each edition, we will focus on a different aspect of the automotive sector and highlight key trends in the industry. In this issue, we focus on collaboration and the...more

Mintz - Intellectual Property Viewpoints

Emerging Legal Trends AI: Can Israel Join the U.S. and Europe as a Leader in AI Protections?

Mintz - Intellectual Property Viewpoints on

The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However,...more

Sheppard Mullin Richter & Hampton LLP

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

Sheppard Mullin Richter & Hampton LLP on

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more

Bradley Arant Boult Cummings LLP

Focusing Questions of Software Patent Eligibility on the Specific Technological Solution and Specific Technological Problem Being...

Bradley Arant Boult Cummings LLP on

The U.S. Supreme Court presented a two-step framework for determining whether a claim contains patentable subject matter under the abstract idea exception to 35 U.S.C. § 101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l....more

WilmerHale

IoV Technologies as Patentable Subject Matter After Alice

WilmerHale on

This is the second in a series of five articles written by WilmerHale discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of Internet of Things...more

Bradley Arant Boult Cummings LLP

Federal Circuit Affirms Decision Finding Telephone Dialing Claims Ineligible

Bradley Arant Boult Cummings LLP on

Federal Circuit Decision - Broadsoft, Inc. v. Callwave Communications, LLC, No. 2018-1124, 2018 WL 4999375, at *1 (Fed. Cir. Oct. 16, 2018) (per curiam) (affirming district court’s order finding claims invalid) District...more

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