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The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
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

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

Mayer Brown on

As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more

MoFo Tech

AI Trends For 2024 - The “Abstract Ideas” Behind Artificial Intelligence Inventions

MoFo Tech on

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI)...more

Fox Rothschild LLP

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

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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

Sheppard Mullin Richter & Hampton LLP

How to Successfully Obtain Blockchain Patents

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As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

McDonnell Boehnen Hulbert & Berghoff LLP on

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1

Sheppard Mullin Richter & Hampton LLP on

This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO’s 2019 Revised Patent Subject Matter...more

Carlton Fields

Changes to the Patent Landscape for the Insurance and Financial Industries

Carlton Fields on

Changes in patents are afoot that will have a significant effect on the insurance and financial industries. Although business method patents have been the pariah of the patent industry for the past few years...more

Cooley LLP

Alert: USPTO Revised Patent Eligibility Guidelines Significantly Eases Path to Obtaining Computer-Related Patents

Cooley LLP on

On January 7, 2019, the United States Patent and Trademark Office (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Guidance, a major update to the examination guidelines for evaluating whether a patent claim...more

Blank Rome LLP

The Role of Explainable Artificial Intelligence in Patent Law

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Although the notion of “explainable artificial intelligence” (AI) has been suggested as a necessary component of governing AI technology, at least for the reason that transparency leads to trust and better management of AI...more

Jackson Walker

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

Jackson Walker on

Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

Fox Rothschild LLP

Cybersecurity Patent Strategies Vs. The Growing Barriers To Software Patents

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More and more companies who offer blockchain and other next generation cybersecurity technologies are seeking patents to help protect their competitive position. The U.S. Patent and Trademark Office’s (USPTO’s) Technology...more

Knobbe Martens

Determining Patent Eligibility Pre-Claim Construction May Be Premature

Knobbe Martens on

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Saul Ewing LLP

Federal Circuit Avoids Abstract Idea Definition, Finds Computer Networking Patents Not Patent-Ineligible Despite Components...

Saul Ewing LLP on

On November 1, 2016, the Federal Circuit issued a decision in Amdocs (Israel) Ltd. v. Openet Telecom, Inc., finding that asserted computer program and method claims for solving an accounting and billing problem faced by...more

Mintz - Intellectual Property Viewpoints

The USPTO’s Latest Memo on Subject Matter Eligibility Provides Hope For Modern Innovators

Mintz - Intellectual Property Viewpoints on

On November 2, 2016 the United States Patent and Trademark Office (USPTO) issued a memo to Examiners on its stance on subject matter eligibility in response to the McRO and BASCOM Federal Circuit decisions, previously...more

Weintraub Tobin

Is the Technology for Self-Driving Cars Patent-Eligible?

Weintraub Tobin on

It sounds like a silly question, doesn’t it? After all, self-driving cars represent innovative progress in technology, and patents are intended “to promote the progress of science and useful arts, by securing for limited...more

Fenwick & West LLP

Update on Patent Eligibility Decisions for First Quarter, 2016

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Here are the updated numbers for #Alicestorm in the first quarter of 2016. First, the overall trend of decisions...more

Knobbe Martens

Legal Alert: Good News for Software Patents?

Knobbe Martens on

Federal Circuit’s Enfish Decision and PTO Guidelines Should Give Hope to Patentees - In the last few years, U.S. Courts have drastically changed their interpretation of the law governing patent eligibility, 35 U.S.C. §...more

Fenwick & West LLP

Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance

Fenwick & West LLP on

In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update addresses a number of the issues and concerns raised in the public comments to the...more

Fenwick & West LLP

#AliceStorm In June: A Deeper Dive into Court Trends, and New Data On Alice inside the USPTO

Fenwick & West LLP on

The most important thing that happened in June was not the invalidation of yet another pile of patents, but the rather more consequential decision of the Supreme Court to recognize the right of same-sex couples to marry. ...more

Womble Bond Dickinson

Factual Findings for Arguing a Post-Alice 35 USC §101 Patent Ineligible Subject Matter Rejection

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During patent prosecution, the US Patent and Trademark Office (USPTO) may reject claims in a patent application as being directed to an abstract idea as a judicial exception to patent eligible subject matter under 35 USC...more

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