#patent eligibility

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Intellectual property law
fromPatently-O
21 hours ago

The Expanding Patent Document: Fewer Claims, More Words, and a Trend That Predates Alice

Patent specifications have nearly doubled in length over twenty years to over 13,000 words, but claim counts have declined since 2005, contradicting expectations that Alice Corp. v. CLS Bank would cause a structural break in 2014-2015.
#patent-eligibility
fromPatently-O
1 week ago
Intellectual property law

The Recentive Ratchet: RPI's NLP Patent Falls to the New-Environment Rule

fromPatently-O
1 week ago
Intellectual property law

The Recentive Ratchet: RPI's NLP Patent Falls to the New-Environment Rule

Intellectual property law
fromPatently-O
2 weeks ago

Parts vs. Whole: Federal Circuit Corrects District Court's Component-Level Section 101 Analysis in Gene Therapy Case

The Federal Circuit reversed ineligibility of genetically engineered host cells under patent law, establishing that such cells are not natural phenomena and therefore patentable subject matter.
#ptab
fromPatently-O
4 months ago

Empty Formalism: How Patent Eligibility Lost Touch with Preemption

Conventional wisdom is that a good certiorari petition needs to show the legal error below and also show why the case is important and timely. The petition follows this dual framing strategy: (1) a doctrinal claim that the Federal Circuit has abandoned preemption as the touchstone of patent eligibility; and (2) a policy argument tied to what I think of as the "new great game" and what the Trump Administration calls "Winning the AI Race." The case also arrives at the Supreme Court as the USPTO has begun to move aggressively toward limiting its use of eligibility in patent prosecution.
Artificial intelligence
#uspto
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