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Patent-Eligible Subject Matter › Trademarks › United States Patent and Trademark Office

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 -
WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

ArentFox Schiff

ArentFox Schiff Wins a Rare PTAB Decision Reversing Patent Examiner’s Subject Matter Eligibility Rejection in a Fintech Patent...

ArentFox Schiff on

In 2023, the Patent Trial and Appeal Board (PTAB) reversed examiners’ decisions in about 30% of appeals, and only in about 7% of appeals related to patent applications for business methods, which include financial technology...more

McDonnell Boehnen Hulbert & Berghoff LLP

Jager Pro, Inc. v. W-W Manufacturing Co. (Fed. Cir. 2023)

McDonnell Boehnen Hulbert & Berghoff LLP on

Although merely exemplifying the burden imposed on an appellant by the Federal Circuit's substantial evidence standard of review over decisions by the U.S. Patent and Trademark Office regarding the facts underlying legal...more

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

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

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Weintraub Tobin

PTO Revisits What is Patentable

Weintraub Tobin on

On Monday this week, the Director of the U.S. Patent and Trademark Office announced that the PTO would be revisiting the test for patent subject matter eligibility. The announcement was made on the blog homepage of PTO...more

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

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu (transcript)

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

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

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

[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu

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

Our “Innovation Conversations” series continues with our guest Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Sterne Kessler Directors Trey...more

Foley & Lardner LLP

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

Vedder Price

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

Jones Day

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Kilpatrick

Emerging Technologies & Its Effect On The IP Industry

Kilpatrick on

Kilpatrick Townsend’s Allison Gaul recently participated in a panel featuring industry leaders discussing the “Emerging Technologies & Its Effect on the IP Industry.” Panelists gathered at the American University Washington...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2017

Fenwick & West LLP on

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

Snell & Wilmer

Intellectual Property Misconceptions Debunked

Snell & Wilmer on

Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below. (1) Ideas Cannot Be Patented. Only inventions can be patented. The legal...more

Sheppard Mullin Richter & Hampton LLP

News of Note in IP

Sheppard Mullin Richter & Hampton LLP on

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 2 (Spring 2014)

McDonnell Boehnen Hulbert & Berghoff LLP on

In This Issue: - “Patent Trolls” in the Crosshairs – But How Will Patent Reform Legislation Impact the Rest of Us - USPTO Guidance Takes an Expansive View of Patent-Ineligible Subject Matter - Functional Claim...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013)

McDonnell Boehnen Hulbert & Berghoff LLP on

In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage Industry. ...more

McDermott Will & Emery

IP Update, Vol. 16, No. 6, June 2013

McDermott Will & Emery on

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Dickinson Wright

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

Dickinson Wright on

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

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