In the continuing search by the Court of Appeals for the Federal Circuit (“Federal Circuit”) for what is and what is not patentable eligible computer program subject matter, the Appeals Court affirmed a District Court’s order dismissing plaintiff Internet Patents’ patent … [Read more...]
DNA Not Patentable Subject Matter – Synthetically Created DNA (cDNA) Is A Patentable Subject
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...]
Fractured Patent Appeals Court Casts Shadow Over Computer Software Patents
The Court of Appeals for the Federal Circuit (the Federal Circuit), in a highly fractured en banc decision, throws doubt on the validity of many computer software patents in its recent decision, CLS Ba by nk International v. Alice Corporation, Case No. 2011-1301 (Fed. Cir. May … [Read more...]
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...]
Computer Patent Claims for Life Insurance Product Declared Invalid – Not Patentable Subject Matter
The Federal Circuit Court of Appeals has invalidated computer method patent claims, computer system claims and computer readable medium claims for a life insurance product. Bancorp Services, LLC v. SunLife Assurance Co. of Canada (U.S.), Case No. 2011-1467 (Fed Cir. July 26, … [Read more...]
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...]
Computer-Aided Clearinghouse Is Not Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit ("Federal Circuit") has held that a computer aided method of managing a credit application, by receiving data, sending credit data and forwarding funding decision (with certain alternative steps of selectively sending portions data) is … [Read more...]
Prometheus: Laws of Nature Plus Conventional Steps Not Patentable
The Supreme Court extended the prohibition that laws of nature, combined with "well-understand, routine [and] conventional" method steps are not patent eligible subject matter under 35 U.S.C. Sec. 101. Mayo Collaborative Serv. v. Prometheus Labs., Inc., Case No. 10-1150 (U.S., … [Read more...]
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...]
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...]
