Intellectual property law
fromPatently-O
1 week agoUSPTO's April Fool's Prank Says the Quiet Part Out Loud
The USPTO announced a new AI tool named MATTHEW for patent eligibility determinations, humorously referencing actor Matthew McConaughey.
#patent eligibility
#patent eligibility
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fromIPWatchdog.com | Patents & Intellectual Property Law
6 months agoIntellectual property law
Squires Signs First Patents, Signals Commitment to Keep Emerging Technologies Eligible
Applied technologies, including distributed ledger/crypto and medical diagnostics, are foundational and form the backbone of America's growth.
fromIPWatchdog.com | Patents & Intellectual Property Law
11 months agoArtificial intelligence
IPWensdays - No Conflict: Distinguishing Between USPTO Eligibility Examples 39 and 47 to Your Advantage
There is no conflict between the USPTO's AI guidance and the 2019 PEG, practitioners must frame arguments carefully to avoid suggesting otherwise.
#patent-eligibility
Intellectual property law
fromPatently-O
1 week agoTwo Voices on 101: Agency Guidance Meets Judicial Skepticism
The case addresses patent eligibility and procedural authority in the context of rideshare vehicle identification technology.
Intellectual property law
fromPatently-O
1 month agoThe Recentive Ratchet: RPI's NLP Patent Falls to the New-Environment Rule
The Federal Circuit affirmed that a patent claiming natural language processing using case-based reasoning on a metadata database is ineligible under 35 U.S.C. § 101, establishing that applying established AI techniques to new fields does not overcome patent ineligibility.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month agoDelaware Magistrate Judge Recommends Finding Nielsen Audience Measurement Patent Ineligible
Nielsen's asserted audience-measurement patents were found to claim patent-ineligible abstract ideas and fail Section 101 eligibility.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
4 weeks agoCAFC Reverses District Court's Finding of Eligibility for Columbia Antivirus Software Claims
The Federal Circuit reversed Columbia's patent infringement verdict, finding claims for virus protection software directed to abstract ideas ineligible under patent law, lacking meaningful technical improvement.
Intellectual property law
frompatentlyo.com
1 month agoThe Razor Returns: AIPLA Tells the Supreme Court That Alice Step Two Has Revived the Pre-1952 'Invention' Requirement
AIPLA urges Supreme Court to review Federal Circuit's patent eligibility framework, arguing it revived subjective standards the 1952 Patent Act eliminated.
Intellectual property law
fromGlobal IP & Technology Law Blog
2 weeks agoFederal Circuit Strikes Down Millions in Damages Tied to Foreign Sales, with a Lesson for Future Litigants
The Federal Circuit's decision limits patent damages for software sales outside the U.S., emphasizing geographic restrictions on patent eligibility.
Intellectual property law
fromPatently-O
1 month agoThe 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.
Intellectual property law
fromPatently-O
1 month agoParts 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.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month agoNetflix Scores Win at CAFC in Reversal of 101 Decision for Patent Owner
The Federal Circuit held GoTV's streaming-rendering patents invalid under Section 101 as directed to an abstract idea and ordered judgment for Netflix.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months agoLooking Forward to 2026: IP Predictions and Prospects for the Year Ahead
AI IP disputes will shift from training-input issues to output infringement and fair use, driving provenance-focused business practices and ongoing patent eligibility and policy battles.
fromPatently-O
5 months agoEmpty 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
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
7 months agoWhat the New USPTO Memo on 101 Means for Patent Eligibility Rejections
USPTO guidance signals a more cautious approach to 35 U.S.C. 101 rejections, favoring applicants when claim scope is ambiguous and emphasizing claim interpretation order.
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