Tag: § 101

Federal Circuit Holds That PTAB Should Consider § 101 When Reviewing Proposed Amended Claims

In today’s Uniloc v. Hulu decision, the Federal Circuit held that the PTAB is permitted to consider all issues of patentability, including § 101 (and presumably including § 112), when a patent own...

A Different Bite At The Subject Matter Apple

Utility patents aren’t the only form of patent, much less the only form of intellectual property.  While not a frequent subject of discussion in comparison to its much better known cousins, the...

What Are We Really Talking About When We Talk About § 101?

After the Senate’s recent § 101 hearings, Senators Tillis and Coons seem to have remained steadfast in their belief that patentable subject matter is a real problem for U.S. innovation.  (It...

Sunshine: Eclipse Promises Not To Sue Californians

Remember Shipping and Transit?  The notorious NPE went bankrupt last year after its campaign against everyone from transit app developers to city transit authorities hit a few potholes.  Fol...

Senators Tillis and Coons Draft Fundamentally Flawed § 101 Legislation

Today, staff from Senators Tillis and Coons will sit in a room with a group of stakeholders—primarily patent lawyers and lawyers from the pharmaceutical industry—and discuss their recently release...

Jefferson on Abstract Ideas

I occasionally [1][2][3] dig into the available Founding-era record to see what we might be able to glean from the Founders’ words with relevance to modern debates on patent law and policy.  With t...

As USPTO Oversight Hearing Approaches, Some Questions On Eligibility

United States Patent and Trademark Office (USPTO) Director Andrei Iancu will testify in front of the Senate Judiciary Committee Subcommittee on Intellectual Property on Wednesday as the sole witness i...

Blackbird Grounded—For Now

Almost two years ago, I wrote about a new non-practicing entity (NPE)—Blackbird Technologies.  It claimed to be helping innovators, but the main innovation it helped promote was its own—havin...

Increase In § 101 Rejections Due Almost Entirely To Rejected Business Methods

Prof. Colleen Chien, along with her student Jiun-Ying Wu, recently published an analysis of the impact of § 101 on patent prosecution.  While their analysis clarifies which art units are impacted by...

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