Analysis and commentary on patent eligibility and patent strategy.
Articles: 1-10 of 45
Patent Eligibility: Legislative Change Still Appears Far Away
USA - October 15 2020 At the time of my last update in February on the state of patent eligibility law, the Supreme Court had recently declined to grant cert on Athena…
Federal Circuit Still Spinning Its Wheels on American Axle
USA - August 5 2020 Last week, the U.S. Court of Appeals for the Federal Circuit issued its second and third decisions in American Axle & Manufacturing v. Neapco…
Patent Prosecution Practice Tip: No Need to Articulate Advantages Within Claim
USA - May 6 2020 On April 30, the Federal Circuit issued a precedential opinion in Uniloc v. LG Electronics, concerning claims to a software invention for a local…
New USPTO Study Examines the Effects of Alice and USPTO Guidelines on Patent Eligibility
USA - April 27 2020 On Thursday, April 23, the USPTO released a new study entitled “Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank…
Whither (more likely wither) CBMs
USA - March 24 2020 Under the America Invents Act, the USPTO is to stop accepting petitions for review of covered business method patents after September 16, 2020. Given…
Patent Eligibility: Where We Are Now
USA - February 3 2020 Since I last wrote on the Coons-Tillis patent eligibility reform in Congress, the Federal Circuit declined to take up an en banc rehearing of Athena…
Rough Ride for Split Federal Circuit on Eligibility of Driveshaft Vibration Reduction Method
USA - October 10 2019 Sharply differing majority and dissenting opinions in the Federal Circuit’s recent American Axle & Manufacturing v. Neapco Holdings decision present…
Patent Eligibility by the Numbers: Five Years of Post-Alice Statistics
USA - August 30 2019 Congratulations to former Fenwick partner and frequent Bilski Blog author Robert Sachs on publishing his detailed two-part series (see Part 1 and…
Still No Shortage of Viewpoints as Eligibility Debate Moves to the Hill
USA - June 27 2019 The range of commentary from the hearing’s 45 witnesses largely matched that provided in response to the USPTO Guidance. In addition, however, the…
Patent Eligibility Reform in Congress: Updates on the Coons/Tillis Proposal
European Union, USA - June 4 2019 In April, Senators Coons and Tillis proposed a draft framework for legislation reformulating the standards for determining patent eligibility under §…
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