Tag: section 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...
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...
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...
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...
A New § 101 Trio Shows That We Don’t Need § 101 Legislation
The Bilski, Alice, Mayo, and Myriad cases are sometimes referred to as a § 101 quartet because they set forth the Supreme Court’s test for patentable subject matter under § 101. Over the past fe...
The Alice Drizzle—Barely Even Noticeable
At the end of the year, I took a look at whether Alice really had a significant impact on patents as a whole. The answer was that Alice simply doesn’t affect that many patent applications. But s...
The PTO’s § 101 Summary Report
One of the most important developments over the past few years is the Supreme Court’s decision in Alice v. CLS Bank - a decision that articulated a distinction between patent-eligible inventions, an...