Category: patent eligibility
Software Patent Claims Saved by Problem-Solution Approach
Monday | November 18, 2019By Shane Skwarek§ 101patent claimpatent eligibilitysoftware patentsubject-matter eligibilityThe U.S. Court of Appeals for the Federal Circuit reversed a lower court's decision that software patent claims involving techniques for varying check data to verify data transmissions were ineligible for patent protection in KPN v. Gemalto, No. 2018-1863, 2019…
Read MoreU.S. Patent Office Issues Updated Patent Eligibility Guidance
Monday | October 21, 2019By Shane Skwarek§ 101medical device patentpatent eligibilitypatent office guidancesoftware patentThe U.S. Patent Office has issued a supplement to the Patent Eligibility Guidance it released in early 2019. The supplement includes four new examples showing an initial, broad claim that the Office considers to be ineligible for patent protection. The…
Read MoreFederal Circuit Holds Making Liners for Driveshafts Doesn’t Practically Apply Laws of Nature
Monday | October 7, 2019By Shane Skwarekcourt rulingfederal circuitpatent eligibilityThe trend in the U.S. for courts to invalidate growing numbers of patents, particularly software, business method, and medical diagnostic patents, as being directed to unpatentable abstract ideas, laws of nature, and natural phenomena has found its way to mechanical…
Read MoreFederal Circuit Finds Method of Treatment Claims Patent-Eligible in Natural Alternatives
Tuesday | March 26, 2019By Shane Skwarekcourt rulingpatent claimspatent eligibilityIn Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC, No. 2018-1295, 2019 U.S. App. LEXIS 7647 (Fed. Cir. Mar 15, 20190, the U.S. Court of Appeals for the Federal Circuit found claims to administering a dosage of beta-alanine to a…
Read MorePanel of U.S. Patent Court Concludes Diagnostic Methods Are Not Patentable
Wednesday | February 6, 2019By James Watsoncourt rulingpatent eligibilityThe U.S. Court of Appeals for the Federal Circuit, which handles all patent appeals in the United States, has held that diagnostic methods not requiring new detection techniques or resulting in new treatments are categorically ineligible for patent protection. In…
Read MoreU.S. Patent Court Suggests Improvements in GUI Usability Are Patentable
Saturday | October 13, 2018By James Watsonintellectual propertypatent attorneypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit held that patent claims generally directed to tabbed electronic spreadsheets were patent-eligible in Data Engine Techs. LLC v. Google LLC , No. 2017-1135, 2018 U.S. App. 28412 (Fed. Cir. Oct. 9,…
Read MoreU.S. Patent Court Suggests Improvements in GUI Usability Are Patentable
Saturday | October 13, 2018By Shane Skwarekintellectual propertypatent attorneypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit held that patent claims generally directed to tabbed electronic spreadsheets were patent-eligible in Data Engine Techs. LLC v. Google LLC , No. 2017-1135, 2018 U.S. App. 28412 (Fed. Cir. Oct. 9,…
Read MoreJudge Plager’s Dissent Calls for Abandonment of Unworkable Abstract Idea Test
Thursday | July 26, 2018By Shane Skwarekcourt rulingintellectual propertypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit affirmed that software claims to using the unused capacity of a display device by displaying content in that unused capacity were not patent-eligible on July 20, 2018. The claims at issue…
Read MoreJudge Plager’s Dissent Calls for Abandonment of Unworkable Abstract Idea Test
Thursday | July 26, 2018By James Watsoncourt rulingintellectual propertypatent eligibilityThe U.S. Court of Appeals for the Federal Circuit affirmed that software claims to using the unused capacity of a display device by displaying content in that unused capacity were not patent-eligible on July 20, 2018. The claims at issue…
Read MoreSubject-Matter Eligibility at the CAFC and PTAB: Q1 2018
Monday | May 7, 2018By Shane Skwarekpatent applicationpatent claimspatent eligibilitysubject-matter eligibilityAs part of my ongoing research into subject-matter eligibility, I have been monitoring the decisions issued by the U.S. Court of Appeals for the Federal Circuit and the Board of Patent Trials and Appeals of the U.S. Patent Office. Over…
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