What’s Up Federal Circuit

Below is a post from Patent Attorney Gene Quinn, author of the blog IPWatchdog.com. Gene is complaining of the same topic of my Friday post entitled “Known Technology is Not Abstract” and regarding the absurd position of the several Federal Circuit Justices asserting inclusion of an “abstract idea” within a patent claim as defeating patent…

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Known Technology is not Abstract

Introduction Abstract ideas are not patentable.  This is simple statement has caused continued confusion and frustration.  The Court of Appeals for the Federal Circuit has ruled that a garage door opening device that differs from the prior art only in that it utilizes “off the self” wireless communicating technology is an abstract idea.  Use of known technical devices…

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Patenting Medical Devices and Procedures

Introduction There is a great deal of valuable intellectual property associated with medical technology.  However the patent landscape is, in my opinion, unclear and unsettled.  Diagnostic procedures that utilize human biologic functions are denied patent protect because the procedures rely on “natural law”. I have tried to outline the problem using the actual wording of disputed patents…

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Software Patents

Introduction I recently shared a post stating that computer software is currently the subject matter of approximately 60% of patent applications.  This is a 50% increase since 2010. What is patentable computer software? What remains as a vexing problem is the continued muddled status of what comprises patentable software.  The Federal Circuit court complains that the US…

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Clarifying What are Patent Ineligible Abstract Ideas

Introduction: Intertwined with the long ambiguity of the scope of patent eligible software has been the difficulty in defining what are patent ineligible “abstract ideas”.  Recall 35 U.S.C. Section 101 states that all things invented by man are patentable subject matter except laws of nature, natural phenomena or abstract ideas.  These three items are referred to below as…

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