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Patents Patent-Eligible Subject Matter Intellectual Property Protection

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

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

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

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

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

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

Bradley Arant Boult Cummings LLP

A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling

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

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

Irwin IP LLP

Fed. Cir. Ends Approach Employed To Make Challenging Patents As Abstract Ideas More Difficult 

Irwin IP LLP on

Optis Cellular Tech., LLC v. Apple Inc., No. 22-1925 (Fed. Cir. June 16, 2025) - Over a decade ago, the U.S. Supreme Court arguably made it easier to invalidate a patent for claiming nonpatentable abstract ideas when it...more

Foley & Lardner LLP

The Patent Eligibility Restoration Act and Life Sciences Innovation

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The biotechnology and life science sectors underpin breakthroughs in health care, agriculture, and environmental sustainability by leveraging living systems to create next-generation medicines, diagnostics, and bio-based...more

Wolf, Greenfield & Sacks, P.C.

[Webinar] Patent Eligibility for AI-Implemented Inventions: A Global Comparison - June 25th, 10:00 am - 11:00 am ET

As artificial intelligence continues to transform industries, innovators face a complex global landscape when it comes to securing patent protection. Join us for a timely and informative webinar exploring how major...more

Proskauer - The Patent Playbook

A New Dawn for Patent Owners? Breaking Down the PERA and PREVAIL Acts of 2025

In a move that could reshape the U.S. patent landscape, Congress has reintroduced two major pieces of legislation: the Patent Eligibility Restoration Act (PERA) of 2025 and the Promoting and Respecting Economically Vital...more

MoFo Life Sciences

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

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This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

McCarter & English, LLP

Court Short-Circuits Artificial Intelligence Patents: Federal Circuit Tightens Standards for Patent Eligibility

What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more

Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

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The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

WilmerHale

Federal Circuit Opinion on Patent Eligibility of Machine Learning Applications Underscores Potential Value of Trade Secrecy to...

WilmerHale on

On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more

Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Smart & Biggar

SCC to revisit “method of medical treatment” patent claims

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This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”....more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

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Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more

Miller Canfield

A New Alice Plot Twist - Can a Composition of Matter Be an Abstract Idea?

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The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for...more

MoFo Life Sciences

Federal Circuit addresses subject matter eligibility for compositions of matter in US Synthetic v. ITC

MoFo Life Sciences on

Earlier this month, the Federal Circuit decided a subject matter eligibility case closely watched in the pharmaceutical industry. The case involved composition-of-matter claims reciting measured results. Reversing the...more

Holland & Knight LLP

Access Denied: Patent for Controlling Entry Found Ineligible Under Section 101

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Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more

McDermott Will & Schulte

Federal Circuit Polishes § 101’s Abstract Idea Test

The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the...more

McDonnell Boehnen Hulbert & Berghoff LLP

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

Alston & Bird

Patent Case Summaries | Week Ending February 14, 2025

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Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon...more

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