All ideas can be protected by a patent except for abstract ideas, laws of nature, and natural phenomena. Nevertheless, many of these ideas, although they can be patented, won't be patented. The invention must be novel and nonobvious on the merits to be patented. The distinction I’m making is between eligibility for patent protection versus patented. You need to understand … [Read more...]
Patent eligible subject matter
Patent eligible subject matter is everything made under the sun except for abstract ideas, laws of nature and natural phenomena.
Browse related articles below.
Can you patent a service?
A service can be patented if it is new and nonobvious. For example, you can get a patent on a new use for an old product. Here is a list of patents for various services: Service of finding lowest cost provider of subscription products: USPN7505924 Guest services management service: USPN7542560 Call transfer service: USPN7103166 Why is a service eligible for … [Read more...]
Can you patent an idea?
Everyone has had an "a-ha!" moment when the light bulb turns on. You then think that you will be making millions. However, before you get ahead of yourself, you have to find out if you can get a patent on your idea. By the end of this article, you should be able to determine if you can get a patent on your idea.Can you patent an idea? If the idea is a result, you cannot get … [Read more...]
Can I get a patent on my invention?
Inventors often ask me whether they can get a patent on their invention. After reading this article, you should be able to determine for yourself if your invention can be patented. So, how do you know if you can get a patent on your invention? You can get a patent on your invention if it meets the four legal requirements, which are the: Utility requirement: The … [Read more...]
Plager calls to overturn current patent eligibility analysis
The holding of Interval Licensing LLC v. AOL, Inc. (Fed. Cir. 2018) is similar to Electric Power Group, LLC v. Alstom (Fed. Cir. 2016). In these cases, the courts invalidated the patent as being directed to an abstract idea for claiming an end result and not the how to achieving it. In Interval Licensing LLC, the dissent’s opinion is much more interesting. He explains … [Read more...]
Berkheimer and its ramifications on the future of software patents
The Berkheimer holding has the potential to swing the pendulum favorably back for software patents. In particular, the patent allowance rates for software inventions could rise significantly from the low levels they are at now. The Berkheimer holding sounds innocuous but the ramifications are significant. In particular, Berkheimer stands for the proposition that patent … [Read more...]
Method of treatment is eligible for patent protection versus a diagnostic method
Although Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals (Fed. Cir. April 13, 2018) is in the field of medicine, it could be applicable to other fields as well because in a broad sense Vanda is dealing with a distinction between diagnosing a condition (ineligible) versus a method of treatment (eligible). For example, is a method of detecting an underground leak … [Read more...]
USPTO REPORT ON PATENT ELIGIBLE SUBJECT MATTER
The basis for patent eligibility standards In July 2017, the United States Patent and Trademark Office published its PATENT ELIGIBLE SUBJECT MATTER: REPORT ON VIEWS AND RECOMMENDATIONS FROM THE PUBLIC. For those in life science and computer-related technologies, this is a good summary of the various competing sides one should be aware of in developing a strategy to … [Read more...]