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MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

MoFo Tech on

The USPTO has issued an internal memorandum that may make it easier to patent software, in particular AI-related software inventions. In recent years, the USPTO has found certain software inventions to be patent-ineligible...more

Bradley Arant Boult Cummings LLP

Stanford’s Method for Inferring Haplotype Phase is Not Patent Eligible

Stanford University applied for a U.S. patent for statistical methods of predicting haplotype phase. In 2019, the Patent Trial and Appeal Board rejected the application as ineligible subject matter. Last week, a panel of the...more

Brownstein Hyatt Farber Schreck

Federal Circuit Closes Door on Patentability in Chamberlain

In The Chamberlain Group, Inc. v. Techtronic Industries Co., the Federal Circuit weighed in on the type of subject matter that can be characterized as an “abstract idea” and, thus, not eligible for patent protection....more

Holland & Knight LLP

Federal Circuit: Commercial Success is Not Relevant to Alice Analysis

Holland & Knight LLP on

The Patent Trial and Appeal Board (PTAB) rejected all pending claims of Mr. Greenstein’s patent application, which was directed to adjusting the amount a person saves and choosing investments with the goal of saving enough...more

Holland & Knight LLP

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

Holland & Knight LLP on

Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

Chambliss, Bahner & Stophel, P.C.

Software Patents Get a Lifeline

Recent USPTO Guidance Offers Insight for Software Patent Eligibility - By now most of you have probably heard that "software patents" and "software patent applications" have had a rough time for the past 4 ½ years. Some of...more

Pillsbury Winthrop Shaw Pittman LLP

Evaluating the Evaluation: Breaking Down New USPTO Guidance for Patent-Eligible Subject Matter

New guidance may lead to fewer patent applications rejected on eligibility grounds - Patentable subject matter eligibility under 35 U.S.C § 101 has been the subject of much attention since the Supreme Court articulated the...more

Proskauer - New England IP Blog

USPTO Announces 2019 Revised Patent Subject Matter Eligibility Guidance

On January 4, 2019, the United States Patent and Trademark Office (“USPTO”) released a significant, much-awaited revision to its patentable subject matter eligibility guidance. The “2019 Revised Patent Subject Matter...more

Knobbe Martens

New 101 Guidance from USPTO – What Does It Change?

Knobbe Martens on

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

Ward and Smith, P.A.

Patent 101: Patent Process FAQs for Inventors

Ward and Smith, P.A. on

Patent attorneys and patent agents ("patent practitioners") deal with the best and brightest engineers and scientists on a daily basis. As inventors, these engineers and scientists understand the technology associated with...more

Vedder Price

Overcoming Early Alice Rejections in Litigation

Vedder Price on

In 2014, the United States Supreme Court in a landmark decision in the field of Patent Law (Alice Corp. v. CLS Int’l) invalidated software patents related to mitigating settlement risk. Relying on the now-infamous Section...more

Fenwick & West LLP

Surviving Alice with an Appeal

Fenwick & West LLP on

This third article in the “Surviving Alice” series examines how the USPTO’s Patent Trial and Appeal Board has responded to the U.S. Supreme Court’s June 2014 Alice decision. It also shows how applicants can use the PTAB’s...more

Fenwick & West LLP

AliceStorm Update February 2017

Fenwick & West LLP on

As many of my readers noticed, I didn't publish any of my own blogs in January and February. As it turned out, I suffered from a peculiar form of seasonal affective disorder (SAD), what I would call SMIAD: Subject Matter...more

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