AIPLA, the bar association for intellectual property lawyers, just released their recommendation and report on reforming § 101. § 101 is the portion of the Patent Act that sets out what’s eligible to be patented, and what isn’t. AIPLA’s basic complaint is that the Supreme Court has created uncertainty about what is eligible for patenting…
Tag Archive for patentable subject matter
Why IPO Is Wrong About Section 101
by Matt Levy • • 4 Comments
It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the…
CLS Bank v. Alice: Don’t Lose Your Head
by Matt Levy • • 1 Comment
The patent world was waiting with bated breath for the Federal Circuit’s decision in CLS Bank International v. Alice Corp. At last, we thought, we would have a ruling on when software is patentable and when it isn’t. As you may have heard, we had no such luck when the decision was issued last Friday.…
“The Black Box is Never Described”: CLS Tries to Teach the Federal Circuit the Difference Between Methods Claims and Systems Claims, and about Abstract Ideas
by Brendan Coffman • • 0 Comments
For those who are interested, a reader has shared a transcript of the oral arguments in CLS Bank v. Alice en banc at the Federal Circuit. As we have written, a lot is at stake in this case as it takes a deep dive into the eligibility of many software patents. There are many issues…
Previewing CLS Bank v. Alice
by David Balto • • 2 Comments
Tomorrow, February 8, the full Court of Appeals for the Federal Circuit (“Federal Circuit”), who receives nearly all patent appeals, will hear oral arguments in CLS Bank v. Alice Corp. This case could be a seminal case for the future of software patents, and so we will be doing a few posts on it. This post…
CCIA Filed an Amicus Brief Friday in CLS Bank v. Alice Corp
by Ali Sternburg • • 0 Comments
On Friday, CCIA, which operates Patent Progress, filed an amicus brief in the en banc rehearing of CLS Bank v. Alice Corporation in the Court of Appeals for the Federal Circuit. CCIA’s brief focused mostly on the first question presented: What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible…
Supreme Court Grants Cert in Myriad
by Josh Lamel • • 0 Comments
Moments ago the United States Supreme Court granted certiorari in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., et al. (Supreme Court docket 12-398) The Court limited its grant to Question 1 presented in the petition: “are human genes patentable?” The Court did not grant certiorari as to Question 2 presented in the petition: “Did the court of appeals err in…
Progress in a Time of War
by Brian Kahin • • 2 Comments
It may be thermonuclear war, but at least it’s out in the open. We have Steve Jobs to thank, not only for his brilliant contributions to technology, but for launching Apple’s thermonuclear war against Android. Already raging in ten countries around the world, this war has made a public spectacle of the subjectivity, uncertainties, and…