#patent eligibility

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True Respect for Textualism Requires Patent Eligibility Reform

The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.

The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility

The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.

True Respect for Textualism Requires Patent Eligibility Reform

The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.

The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility

The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
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#patent-eligibility

USPTO Issues AI Subject Matter Eligibility Guidance

USPTO issued updated patent eligibility guidance for AI inventions effective July 17, 2024. Only inventions with significant human contribution are considered patentable, not those solely by AI tools.

Another 101 Bites the Dust as High Court Denies Realtime Data Petition

The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law.

AI Visualize and the Eligibility of Innovative AI Systems

The eligibility decision in AI Visualize v. Nuance raises questions about when AI system elements qualify as eligible inventions.

Top 10 Software Patent Myths and How to Free Yourself from Them

Understanding and dispelling myths about software patents is crucial for innovators and companies to defend themselves and leverage patents.
Confusion around software patent eligibility arises from inconsistent rulings by the Federal Circuit and the Supreme Court and oversimplified media reports.

Federal Circuit Affirms Invalidity of Blockchain Gemstone Tracking Patent Under Section 101

The Federal Circuit affirmed the dismissal of a patent infringement lawsuit due to patent ineligibility under 35 U.S.C. § 101.
The patent described a system for scanning physical items, determining unique patterns of imperfections, and recording them on a blockchain if not previously registered.

USPTO Issues AI Subject Matter Eligibility Guidance

USPTO issued updated patent eligibility guidance for AI inventions effective July 17, 2024. Only inventions with significant human contribution are considered patentable, not those solely by AI tools.

Another 101 Bites the Dust as High Court Denies Realtime Data Petition

The U.S. Supreme Court has denied a petition to clarify patent eligibility jurisprudence under Section 101 since the Alice Corp. Pty Ltd. v. CLS Bank Int'l ruling.
The Federal Circuit's ruling on Realtime Data's patent claims was criticized by Judge Pauline Newman as a "morass" and she suggested evaluating validity under different sections of the law.

AI Visualize and the Eligibility of Innovative AI Systems

The eligibility decision in AI Visualize v. Nuance raises questions about when AI system elements qualify as eligible inventions.

Top 10 Software Patent Myths and How to Free Yourself from Them

Understanding and dispelling myths about software patents is crucial for innovators and companies to defend themselves and leverage patents.
Confusion around software patent eligibility arises from inconsistent rulings by the Federal Circuit and the Supreme Court and oversimplified media reports.

Federal Circuit Affirms Invalidity of Blockchain Gemstone Tracking Patent Under Section 101

The Federal Circuit affirmed the dismissal of a patent infringement lawsuit due to patent ineligibility under 35 U.S.C. § 101.
The patent described a system for scanning physical items, determining unique patterns of imperfections, and recording them on a blockchain if not previously registered.
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Supreme Court Denies Inventor's Bid to End Alice/Mayo for a Second Time

The United States Supreme Court denied inventor Jeffrey Killian's petition for a rehearing in his case asking for clarity on the Alice/Mayo test for patent eligibility.
Killian argued that the Alice/Mayo test has been capricious and should be set aside.
Killian filed a request for rehearing after Senators introduced a bill, the Patent Eligibility Restoration Act (PERA), which would eliminate all judicially-created exceptions to patent eligibility law.

The Predictability of the Mayo/Alice Framework - A New Empirical Perspective

The Mayo/Alice framework for patent eligibility has been heavily criticized for lacking predictability and administrability.
Critics argue that the framework has led to confusion and inconsistency in applying the patent eligibility requirements.
Empirical analysis suggests that judges have been able to predictably apply the framework, raising questions about the validity of claims of unpredictability.
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