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USPTO Releases New Guidelines on Patent Subject Matter Eligibility
December 16, 2014

    Post by Dan LorentzenThe USPTO today released new Guidance on Patent Subject Matter Eligibility. The new guidance comes nearly 9 months after the first set of "2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products" were released in March 2014. The March guidelines sought to implement new pr....... Read More


    Shifting Pre-Trial Strategy in the Wake of Alice and Ultramercial
    December 04, 2014

      Post by Paul S. Mazzola Four recent Supreme Court cases involving patentable subject matter under 35 U.S.C. § 101 (Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories, Inc., Ass'n for Molecular Pathology v. Myriad Genetics, Inc., and Alice Corp. v. CLS Bank International ) have had the practical effect of heightening the standard for patentability. However, these cases may also be al....... Read More


      Federal Circuit Invalidates Patent Claims As Non-Patentable Subject Matter
      August 08, 2014

        The U.S. Court of Appeals for the Federal Circuit's recent decision in Digitech Image Technologies v. Electronics for Imaging, Inc., upheld a decision that patent claims directed to a collection of numerical data that lacks a physical component or manifestation as well as an abstract idea of organizing data through mathematical correlations are invalid. The plaintiff, Digitech Image Technologies, filed in....... Read More


        USPTO Issues Preliminary Guidance on Patentability Based on Alice Corp.
        July 29, 2014

          On June 25, 2014 the USPTO Deputy Commissioner for Patent Examination Policy released aMemorandum to the Patent Examining Corps that provides examiners with preliminary instructions related to subject matter eligibility of claims involving abstract ideas under 35 U.S.C. ยง 101 in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International. The memo provides the following guidance wit....... Read More


          Generic Computer Implementation Cannot Save Patent-Ineligible Abstract Idea
          June 23, 2014

            On June 19, 2014, the Supreme Court issued its much-anticipated opinion inAlice Corp. v. CLS Bank Int'l. The Petitioner, Alice Corporation ("Alice Corp.") is the assignee of the four patents at issue which disclose method, system, and media claims related to a computerized scheme for mitigating "settlement risk." Respondents CLS Bank International and CLS Services Ltd. ("CLS") o....... Read More


            Federal Circuit Finds Clones Unpatentable
            May 12, 2014

              The Federal Circuit issued its opinion in In re Roslin Institute, a case involving cloned animals. The Roslin Institute (Roslin) owns a patent for methods of cloning animals, based on the work that created Dolly the Sheep. The inventors of that patent also assigned to Roslin an application claiming protection for the clones themselves. During prosecution, the USPTO deemed the claims to the clones contained in t....... Read More


              USPTO Issues New Examination Guidelines for Patent Subject Matter Eligibility
              April 16, 2014

                The basic requirements for filing a U.S. utility patent are rather straightforward. Patents are granted for new, useful and non-obvious processes, products or compositions of matter. Similarly, any new, useful and non-obvious improvement to these categories of inventions may be granted a patent. Although seemingly straightforward, the three basic requirements for patentability are impacted by an evolving legal lan....... Read More


                Bring on the New Year?What is in Store for IP in 2014?
                December 31, 2013

                  Happy New Year to all of our FilewrapperÒ followers! We hope 2013 was a productive year and wish you the best in 2014. As the New Year quickly approaches we would like to share with you a few predictions for 2014 for you to look forward to and for which to prepare! · Increased opportunities for quasi-litigation under AIA. Various new mechanisms are available to challenge patents under the Am....... Read More


                  New and Useful - July 8, 2013
                  July 08, 2013

                    · The Federal Circuit inUltramercial, Inc. v. Hulu, LLC held that the district court erred in holding that the subject matter of U.S. Patent No. 7,346,545 ('545) is not a "process" within the language and meaning of 35 U.S.C. § 101. The Federal Circuit reversed and remanded this case stating the claims were not abstract and were patent eligible. The '545 patent claims a meth....... Read More


                    Supreme Court Addresses Product of Nature Doctrine Relating to Gene Patents
                    June 13, 2013

                      The Supreme Court today handed down its decision in Association for Molecular Pathology v. Myriad Genetics, Inc. The Court held that isolated DNA is a product of nature and not patent eligible merely because it has been isolated, but that complementary DNA (cDNA) is patent eligible because it is not naturally occurring. The Court limited its holding to the patentability of isolated genes and cDNA, concluding t....... Read More


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                      The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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