United States
It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject matter eligibility with an eye towards succeeding in patenting domestically and internationally.
In the U.S., computer-implemented inventions such as software and business methods are patentable, yet hurdles abound. When assessing the eligibility of software and business method patents, the U.S. Patent and Trademark Office applies the two step framework of Mayo and Alice.[1] If an invention is determined to be “abstract” in Step 1, it is often a fatal determination unless the Applicant can show “something more,” at Step 2, that transforms the abstract idea into patent eligible subject matter. Many software based inventions and business methods may be determined as “abstract” at Step 1, therefore practitioners must be prepared to
Decisions provide further guidance regarding the subject matter eligibility of computer-based diagnostic methods
Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods.
On March 25, 2021, the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that maintained the rejection of diagnostic method claims in a patent application owned by The Board of Trustees of Leland Stanford University (Stanford), providing further guidance regarding the subject matter eligibility of computer-based diagnostic methods.[1] In this case, the Court found that the claims were ineligible under 35 U.S.C. § 101 for being “drawn to abstract mathematical calculations and statistical modeling, and similar subject matter.”[2] This decision follows a recent decision issued by the Court last month regarding a related Stanford patent application directed to
Curiouser and Curiouser! : Federal Circuit Affirms PTAB Patent-Ineligibility Decision Under Alice | Kilpatrick Townsend & Stockton LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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A computer does just three things: receives information in the form of bits, transforms this information, and provides output based on the information as transformed. The receiving may take place by way of various types of input modalities, such as keyboards, touchscreens, mice, audio microphones, video cameras, network interfaces, sensors, and so on. The transforming may involve a literally infinite number of possibilities in the form of algorithms. The output may also take on various modalities, including images displayed on a screen, audio, storage to volatile or non-volatile memory, and transmission by way of network interfaces, just to name a few.
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