Tag: patentable subject matter

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...

Senate Judiciary § 101 Hearings Less Neutral, Helpful Than They May Appear

This week marks the start of three separate hearings on a draft § 101 bill introduced by Senators Tillis (R-NC) and Coons (D-DE).  The draft bill—analyzed last week by Patent Progress—is fun...

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...

CCIA Letter to Senate Judiciary IP Subcommittee Members On Questionable Studies

At last week’s Senate Judiciary IP Subcommittee hearing, questioners referenced two studies.  The first, on multiple IPR petitions, was conducted by Steve Carlson and Ryan Schultz of Robins Kap...

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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