Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC)...more
Medical Device companies often need the U.S. Food and Drug Administration (FDA) to approve “indications for use” of their products–for use selling them in the U.S. Those same companies often seek U.S. patent protection so...more
The USPTO has released updated subject matter eligibility guidance that incorporates comments on the changes made in January 2019.The guidance is 22 pages long, with three appendices and 87 footnotes. Below are a few of the...more
10/21/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Guidance Update ,
Judicial Exception ,
Patent Examinations ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Section 101 ,
USPTO
On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants.
The draft bill would change the...more
Yesterday Democrat and Republican legislators from both the Senate and the House of Representatives released a one page outline of a proposal to change the law of patent eligibility. The legislators supporting this proposal...more
4/23/2019
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Intellectual Property Protection ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Regulation ,
Section 101 ,
Senate Judiciary Committee ,
USPTO
Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more
1/29/2019
/ Abstract Ideas ,
America Invents Act ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Covered Business Method Patents ,
Inventions ,
Non-Practicing Entities ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Software ,
Software Developers ,
Software Patents ,
USPTO
On January 4th, the USPTO announced revised guidance for subject matter eligibility (Section 101 Revised Guidance) and stated it would take effect when published on Monday, January 7, 2019....more
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
12/7/2018
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Medical Devices ,
New Guidance ,
Nonobvious ,
Novelty ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
Software Patents ,
USPTO
For both patent Applicants and Patent Office Examiners, the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision has created ongoing uncertainty as to the proper scope of subject matter that should be excluded...more
Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees -
In the last few years, U.S. Courts have drastically changed their interpretation of the law governing patent eligibility, 35 U.S.C. §...more