The U.S. Supreme Court, in a critical ruling, held that the naturally occurring segments of deoxyribonucleic acid (DNA) in the human body (and presumably in other living organisms) is not patent eligible subject matter under 35 U. S. C. §101 by virtue of its isolation from the … [Read more...] about DNA Not Patentable Subject Matter – Synthetically Created DNA (cDNA) Is A Patentable Subject
DNA and Method Patents With Simple Steps – One Patentable, The Other Non-Patentable Abstract Idea
The Federal Circuit Court of Appeals (the Court that hears all patent appeals) again waded into the murky waters of what is a non-patentable method (a simple abstract idea) and what is a patentable process, machine, article of manufacture, composition of matter, or any … [Read more...] about DNA and Method Patents With Simple Steps – One Patentable, The Other Non-Patentable Abstract Idea
Computer Trading Platform with Trusted Third Party is Valid Patentable Subject
The Federal Circuit Court of Appeals has held that Alice’s patents that cover a computerized trading platform for exchanging obligations wherein a trusted third party settles obligations between a first and second party so as to eliminate "settlement risk," define patentable … [Read more...] about Computer Trading Platform with Trusted Third Party is Valid Patentable Subject
Isolated DNA BRCA Claims Patentable; Comparing DNA Not Patentable; Method of Screening Cancer Patients Patentable
In the widely contested and controversial field of patenting DNA testing for BRCA breast cancer, the Court of Appeals for the Federal Circuit has held that (a) isolated DNA molecules falls within patentable subject matter under Section 101 because these compositions are created … [Read more...] about Isolated DNA BRCA Claims Patentable; Comparing DNA Not Patentable; Method of Screening Cancer Patients Patentable
Computer Methods and Media Claims Held Not Patentable Subject Matter Under Section 101
The Court of Appeals for the Federal Circuit has held that patent method claims, reciting steps that can be carried out by a human (mental steps), and corresponding computer readable medium claims (arguably an article of manufacture) are not valid and not within the statutory … [Read more...] about Computer Methods and Media Claims Held Not Patentable Subject Matter Under Section 101
Abstract Ideas: Patent Claims Which Are More Than Abstract Ideas
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...] about Abstract Ideas: Patent Claims Which Are More Than Abstract Ideas
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...] about Computer Programs Which are Functional and Palpable Applications of Technology Are not Non-Patentable Abstract Ideas
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...] about Interim USPTO Examination Instructions For Business Method Patents
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...] about In re Bilski in the Supreme Court – A First Quick Glance
