News & Analysis as of

Section 101 Software Alice/Mayo

BakerHostetler

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

BakerHostetler on

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

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

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

Foley & Lardner LLP

USPTO Clarifies Eligibility Examination Standards for Software Innovations

Foley & Lardner LLP on

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

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Engelmayer Finds Claims Directed to Interactive Mobile Advertising to be Abstract

On July 21, 2025, District Judge Paul A. Engelmayer (S.D.N.Y.) granted Defendants Teads, Inc., Teads SA, and Teads SARL’s (together, “Teads”) Motion to Dismiss Yieldmo, Inc.’s (“Yieldmo”) Amended Complaint alleging that Teads...more

Miller Nash LLP

First Machine Learning Patent Ruling: Invalid or Just Obvious?

Miller Nash LLP on

On April 18, 2025, the Court of Appeals for the Federal Circuit (CAFC) ruled in Recentive Analytics Inc. v. Fox Corp. et al. that new uses for established machine learning do not make the claims patent-eligible....more

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

WilmerHale on

On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

BakerHostetler on

In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

Irwin IP LLP

Automating Without Innovating: Patents Held Invalid

Irwin IP LLP on

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more

McDermott Will & Schulte

The Name of the Game Is the Claims, Even if Specification Is Shared

McDermott Will & Schulte on

Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their...more

Knobbe Martens

Momentum Builds for Supreme Court Review of American Axle, Clarification of Patent Eligibility Law

Knobbe Martens on

Introduction - The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to...more

McDermott Will & Schulte

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

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