News & Analysis as of

Patent Trial and Appeal Board Alice/Mayo Abstract Ideas

King & Spalding

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

King & Spalding on

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

Proskauer - The Patent Playbook

Crypto Unlocked: New Patent Eligibility Guidance on Blockchain Technology  

The U.S. gave crypto one of its biggest regulatory jolts in years. With the signing of the Guiding and Establishing National Innovation for U.S. Stablecoins (“GENIUS”) Act stablecoins now have a legal framework. The GENIUS...more

McDermott Will & Schulte

Struggling to Master the Alice Two-Step: Search Result Display Ineligible for Patent Protection

The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a lawsuit involving two software patents directed toward enhancements to search result displays, finding that both patents claimed...more

Akin Gump Strauss Hauer & Feld LLP

Senior Circuit Judge Issues Split Decision on Patent Eligibility of Claims Directed to Restricting Access to Computer Files

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more

McDermott Will & Schulte

Should This Be an Alice Two-Step or a Section 112 Enablement Waltz?

The US Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit for lack of subject matter eligibility under 35 U.S.C. § 101 based on an Alice two-step analysis, with Judge Newman filing a sharp dissent...more

Fox Rothschild LLP

How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

Fox Rothschild LLP on

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more

Holland & Knight LLP

Federal Circuit: Method of Creating a Floral Arrangement is an Abstract Idea

Holland & Knight LLP on

In the case of In re Sturgeon, 839 F. App'x 517, 520 (Fed. Cir. 2021), the patent application claimed a method of creating a floral arrangement on an electronic display screen with the following representative claim: A...more

ArentFox Schiff

Federal Circuit Affirms PTAB Decisions Holding Computer-Based Diagnostic Method Claims Ineligible

ArentFox Schiff on

Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods. On March 25, 2021, the Federal...more

McDermott Will & Schulte

Set Phase to Subject Matter Ineligible: More Accurate Haplotype Phase Method Still Abstract

In an appeal from a final rejection of a pending application, the US Court of Appeals for the Federal Circuit held that claims directed to methods for determining “haplotype phase” were correctly rejected as subject matter...more

Knobbe Martens

USPTO Guidance Cannot Modify or Supplant the Alice/Mayo Framework

Knobbe Martens on

IN RE: CHRISTOPHER JOHN RUDY - Before Prost, O’Malley, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: The Patent and Trademark Office’s October 2019 Revised Patent Subject Matter Eligibility...more

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