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USPTO – Patent Subject Matter Eligibility – May 2016 Update
The USPTO has recently issued an update to their training materials and guidance on subject matter eligibility. The new materials, which may be found here, contain a memo to US patent Examiners and some more examples in the life sciences area. There is an open ended comment period for the general public to make comments about patent subject matter eligibility topics (comments may be sent to email@example.com and will be uploaded for viewing onto the USPTO website). (more…)
US patent eligibility issues after Alice: webinar review
A recent webinar about addressing section 101 issues in US patent prosecution following the Alice decision provided a handy overview of the best way to avoid and counter Alice objections and also helpfully highlighted the relevant USPTO patent eligibility examples to look at when drafting claims to different types of invention. A summary of some of the highlights of the webinar is presented below: (more…)
Alice in USPTOland
Following the Alice Corp v CLS Bank decision in June 2014 the USPTO’s position with respect to patent eligible subject matter has changed.
But having swallowed the red pill just how deep does the rabbit hole go? What is and what is not patent eligible subject matter in the US? (more…)
USPTO starts lobbing rejections from Room 101 (is this the post-Alice situation?)
Are USPTO Examiners beginning to issue blanket “Alice” objections against software patent applications? How should such patent applications be presented? How might this develop going forward? And, what should we be doing (if anything) to address it?
An eagle-eyed colleague here at Keltie (thank you Peter Kent) spotted a discussion online last week that suggested that, in the wake of the Alice v CLS Bank decision from the Supremes, Examiners at the USPTO might be beginning to issue blanket objections under 35 U.S.C. 101 to patent applications containing software-implemented inventions.
IPcopy reached out to William Jividen at Dinsmore & Shohl LLP in the US to see if this was the case. The discussion below has been distilled from Bill’s comments and other comments seen online. Any mistakes or inaccuracies may be attributed solely to me!
US Supreme Court to take a run at Alice v. CLS Bank
The US Supreme Court announced on Friday that it is to review the Alice Corp. v. CLS Bank Intl. case. The US Court of Appeal, of course, recently handed down its take on the case (see decision dated 10 May 2013 here) in which the 10 judge panel exhibited something of a split opinion.
At the recent AIPLA event in Washington Chief Judge Rader (one of the 10 judge CAFC panel on the Alice/CLS case) commented that he regarded that case as a personal failure and a failure of his institution (Court of Appeals for the Federal Circuit). Listening to other attorneys at AIPLA a number of feelings were expressed about the case including bafflement, frustration and the merest hint of “the End of Days”.