Tag Archive for patentable subject matter

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—having the lawyers own the patents on which Blackbird was suing. When I first wrote about Blackbird, it had just sued Cloudflare over the ‘335 patent, which…

Getting The Future Backwards: Iancu’s Comments On § 101 At IPO

This morning, Patent and Trademark Office (PTO) Director Iancu gave remarks at the Intellectual Property Owners Association (IPO) Annual Meeting.  Perhaps unsurprisingly, given IPO’s efforts to legislatively overturn the Supreme Court’s recent cases reinforcing the bar on patents on products of nature and abstract ideas, Director Iancu’s remarks focused on patentable subject matter—§ 101. While…

RALIA Would Take Us Back To The Patent Law Stone Age

At the end of June, Rep. Thomas Massie (R-KY) introduced the “Restoring America’s Leadership in Innovation Act of 2018,” H.R. 6264 (RALIA).  RALIA, rather than restoring American innovation, aims to overturn the advances in American patent law that help protect innovation.  Last week, I addressed Rep. Rohrabacher’s ‘Inventor Protection Act’ (IPA) [1][2], and I’ve previously…

More Evidence Is In—Alice Has Been Good For R&D

Tuesday marked one milestone—utility patent number 10,000,000.  But it also marked a far more important milestone—the 4-year anniversary of the Alice decision.  Looking back on those 4 years, Alice has been a clear success in eliminating patents that never should have issued.  It’s had a very limited impact on patent prosecution, with most applications entirely…

‘Gold Into Lead’ Article Focuses On Pyrite Patents

I’m out at IPBC Global this week, and one of the hot topics of conversation here is patent eligibility under § 101.  In fact, Director Iancu’s remarks focused heavily on § 101, and the panel I spoke on debated the relative importance of patent quality and patent eligibility.  (I argued that patent quality is more…

Iancu’s First Hearing Answers Questions, Leaves More Open

On Wednesday, April 18, new USPTO Director Andrei Iancu appeared for his first oversight hearing in front of the Senate Judiciary Committee.  The Director was more open with the Committee compared to his confirmation process, leading to some interesting discussions. Algorithms Are Already Patentable A number of questions focused on the issue of patentable subject…