by Steve Driskill | Dec 7, 2012 | [sub] biotech, Subject Matter Eligibility
The only thing to note here is probably just fact that the court decided to evade the question of subject matter eligibility under 35 U.S.C. § 101, deciding the case on other grounds as it has suggested doing in other instances when possible. Background / Facts: The...
by Steve Driskill | Nov 20, 2012 | [sub] extra-solution activity, Subject Matter Eligibility
Pre-solution data-gathering steps, even if transformative or tied to a machine, do not render an algorithm patentable. In a post-Mayo world where the lines between § 101 and § 103 blur, it is the “inventive concept” that must be patent-eligible for the claim as a...
by Steve Driskill | Aug 16, 2012 | [sub] biotech, Subject Matter Eligibility
At least for now, isolated human genes are patentable, although this issue seems destined for the Supreme Court. Background / Facts: The claims at issue on remand (in light of Prometheus) cover two “isolated” human genes, BRCA1 and BRCA2 (collectively, “BRCA1/2” or...
by Steve Driskill | Jul 26, 2012 | [sub] computer-related, Subject Matter Eligibility
This case reinforces the unfortunate reality that there is simply no bright line rule in determining patent eligibility of computer-implemented inventions. Instead, the court seems fixated on whether the computer limitations play a “significant part” in the...
by Steve Driskill | Jul 9, 2012 | [sub] computer-related, Subject Matter Eligibility
Lamenting how the abstractness of the “abstract ideas” test for patent eligibility has become a serious problem, leading to great uncertainty and to the devaluing of inventions of practical utility and economic potential, the CAFC has taken a bold step here in view of...
