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Patent-Eligible Subject Matter › CAFC › Claim Construction

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 -
McDonnell Boehnen Hulbert & Berghoff LLP

The Narrow Pathway to Patent Eligibility in the Federal Circuit

McDonnell Boehnen Hulbert & Berghoff LLP on

The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more

Troutman Pepper Locke

CAFC Affirms PTAB’s Decision That Printed Matter Doctrine Can Be Used In Claim Construction

Troutman Pepper Locke on

In an inter partes review proceeding, a challenger cannot raise patent-eligibility as a ground of invalidity. Rather, the invalidity grounds are limited to lack of novelty and obviousness. ...more

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