USPTO Subject Matter Eligibility Guidance Does Not Carry the Day in Court

In Cleveland Clinic Foundation v. True Health Diagnostics LLC (nonprecedential), the Federal Circuit affirmed the district court’s order granting defendant’s Rule 12(b)(6) motion to dismiss because the asserted patent claims are invalid under Section 101. The two asserted patents issued from applications that claimed priority to a patent that the Federal Circuit had found invalid … Continue reading USPTO Subject Matter Eligibility Guidance Does Not Carry the Day in Court

USPTO Issues New Guidance on Subject Matter Eligibility

Previously featured on Michael Best’s Software and Section 101 blog on January 29, 2019, Michael Best IP attorney Greg Helding wrote: In 2014, the Supreme Court’s Alice took computer-implemented inventions down the rabbit hole. Since then, lower courts, the USPTO, practitioners, and applicants all have struggled to come to consensus on what constitutes an abstract idea, and … Continue reading USPTO Issues New Guidance on Subject Matter Eligibility

USPTO Announces New Guidance on Post-Alice Subject Matter Eligibility

Previously featured on Michael Best's Software and Section 101 blog in December of 2014, Michael Best IP attorney Greg Helding wrote: "On December 15, 2014, the United States Patent and Trademark Office released its 2014 Interim Guidance on Patent Subject Matter Eligibility. The new guidance supplements the June 24, 2014 Preliminary Examination Instructions that were issued shortly … Continue reading USPTO Announces New Guidance on Post-Alice Subject Matter Eligibility