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Patent-Eligible Subject Matter

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 -
King & Spalding

Live Long and Patent: Lessons from Captain Kirk’s Encounter with the PTAB

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In a tale that boldly goes where few celebrity inventors have gone before, William Shatner—yes, that William Shatner—alongside two co-inventors, filed a patent application for a “Smartphone Organization System and...more

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more

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

U.S. IP Update – August 2025

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Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more

Ballard Spahr LLP

Life Sciences Perspective On Emerging U.S. Patent Reform Efforts

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Though largely absent from mainstream news, proposed reforms to patent law are poised to affect everything from biotech startups to major pharmaceutical R&D programs. Specifically, there are four ongoing bipartisan efforts to...more

A&O Shearman

Federal Circuit Finds Claims of Selectorized Dumbbell Weight Patent Not Directed to an Abstract Idea

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On August 11, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion reversing the decision of the U.S. District Court for the District of Utah that found certain claims of a selectorized dumbbell...more

Proskauer - The Patent Playbook

Federal Circuit Lifts § 101 Barrier on Smart Dumbbells

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On August 11, 2025, the Federal Circuit reversed the District of Utah’s ruling that all but one of the claims in PowerBlock Holdings, Inc.’s U.S. Patent No. 7,578,771 were invalid under 35 U.S.C. § 101. PowerBlock Holdings,...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

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On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more

Alston & Bird

Patent Case Summaries | Week Ending August 15, 2025

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PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. (D. Utah) Aug. 11, 2025). Opinion by Stoll, joined by Taranto and Scarsi (sitting by designation). PowerBlock sued iFit for infringement of a patent directed...more

McDermott Will & Schulte

Feel the burn: Mechanical improvement is patent eligible under § 101

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The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Who Owns AI Innovation? IP in the Age of Artificial Intelligence

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On this episode of Trending Now – An IP Podcast, Janet Cho and former summer associate Evan Klick* explore the evolving intersection of artificial intelligence (AI) and intellectual property (IP) law in the life sciences...more

Wilson Sonsini Goodrich & Rosati

UKIPO Decides Patentability of Computer Games in the UK Involving Real-World Player Interactions

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A recent decision issued by the UK Intellectual Property Office (UKIPO) concerning a patent application filed by a game developer company Bandai Namco Entertainment Inc. (Bandai Namco) serves as a useful example for informing...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

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Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District...more

Knobbe Martens

Can § 101 Carry the Weight?

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POWERBLOCK HOLDING, INC. v. IFIT, INC. - Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Under step one of the Alice test, claims should be considered...more

Morgan Lewis

USPTO Memo Clarifies AI/ML Patent Eligibility Rules

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Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more

Brownstein Hyatt Farber Schreck

Patent Eligibility Uncertainty Persists after Latest Supreme Court Denial

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With the Supreme Court sidestepping Audio Evolution Diagnostics, stakeholders should prepare for litigation risk and engage on PERA reform efforts....more

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

IP Hot Topic: The USPTO Publishes Reminders to Examiners on Evaluating Subject Matter Eligibility

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The United States Patent and Trademark Office (USPTO) issued a memorandum on August 4, 2025, to provide reminders to Examiners in software-related arts, including artificial intelligence (AI) and machine learning, regarding...more

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

PowerBlock Holdings, Inc. v. iFit, Inc.: Electro-Mechanical Systems That Automate Physical Actions Can Be Patent Eligible Under §...

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Modern electro-mechanical systems—ranging from humanoid robots and automated assembly lines, to smart workout equipment and medical devices—combine mechanical and electronic components to automate the performance of physical...more

Fitch, Even, Tabin & Flannery LLP

USPTO Issues Guidance Clarifying Subject Matter Eligibility for AI and Software Claims

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On August 4, the USPTO issued a Memorandum to examiners in Technology Centers 2100, 2600, and 3600, providing reminders and clarifications on evaluating subject matter eligibility under 35 U.S.C. § 101. This guidance is...more

Fish & Richardson

The Patent Eligibility Eras Tour: 11 Years Of Post-Alice Tumult

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Following the June 19 anniversary, it's now been 11 years since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank International — a case that declared a new test for when claims are ineligible for being directed to...more

Bradley Arant Boult Cummings LLP

A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling

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In a significant decision for patent law and the fitness equipment industry, a panel of the Federal Circuit reversed a partial dismissal of PowerBlock Holdings, Inc.’s patent infringement claims brought against iFit, Inc. in...more

Foley & Lardner LLP

USPTO Clarifies Eligibility Examination Standards for Software Innovations

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On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) released a new memorandum to patent examiners in Technology Centers 2100, 2600, and 3600, providing targeted reminders on evaluating subject matter eligibility...more

ArentFox Schiff

USPTO Aims to Boost Patent Eligibility of AI and ML Inventions

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The US Patent and Trademark Office (USPTO) has issued new guidance to clarify and improve the evaluation of patent eligibility for artificial intelligence (AI) and machine learning (ML) inventions in order to foster...more

Kilpatrick

5 Key Takeaways | Part One: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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Kilpatrick’s Joe Petersen, a partner with more than two decades of experience representing a broad array of clients in litigation, arbitration, and administrative proceedings involving copyright and trademark law, recently...more

Kilpatrick

3 Key Takeaways | Part Two: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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Kilpatrick’s Charles Gray, who focuses his practice on patent counseling and prosecution of both U.S. and international patent applications, recently joined other firm thought leaders to discuss “From Copyright to Patents:...more

MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

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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

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