If a patent claim only covers an abstract idea, it does not define patentable subject matter but if the claim is narrower, such as one defining a machine or describing a transformation of data, then the claim does come within the purview of the Patent Statute. The boundaries of … [Read more...]
Financial Patent Method Claims Held Invalid As Covering Only Abstract Idea
The U.S. District Court for the District of Columbia invalidated patent claims directed to a method of exchanging financial obligations between parties in CLS Bank Int’l v. Alice Corp. Pty, Ltd., Case No. 07-974 (D.D.C. March 9, 2011) (available here). In summary, the District … [Read more...]
Computer Programs Which are Functional and Palpable Applications of Technology Are not Non-Patentable Abstract Ideas
The Court of Appeals for the Federal Circuit which hears all patent appeals from the U.S. District Courts (the trial courts) recently ruled on whether Research Corporation Technologies’ (“RCT”) patented method of digital halftoning was patentable under 35 U.S.C. § 101 or whether … [Read more...]
Virtual Money for Online Game – Business Method or Computer Program Patent?
The U.S. Patent and Trademark Office (USPTO) recently published a patent application by Zynga Game Networks, Inc. See www.zynga.com which seeks to patent virtual money generated and exchanged by players in online games. The published patent application, Patent Publication No. … [Read more...]
Interim USPTO Examination Instructions For Business Method Patents
Interim USPTO Examination Instructions For Evaluating Subject Matter Eligibility Under 35 U.S.C. 101 in Light of the Supreme Court Bilski Decision. The Patent and Trademark Office (“USPTO”) in August 2007 released examination instructions (“Guidelines”) (available here) for … [Read more...]
In re Bilski in the Supreme Court – A First Quick Glance
On June 28, 2010, the U.S. Supreme Court issued its ruling in the biggest patent case in recent years, Bilski v Kappos. (See http://www.supremecourt.gov/opinions/09pdf/08-964.pdf). The case related to the patentability of business methods. The Supreme Court’s decision … [Read more...]