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 exceptlaws of nature, natural phenomena or abstract ideas.  These three items are referred to below as “exceptions”…

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Review of CBM Procedure

Introduction I very recently wrote an article regarding the use of the Covered Business Method review procedure created under the AIA of 2012.  The Covered Business Method review procedure is a powerful tool that can be used to challenge an issued patent that pertains to a business method.  See Junk Patents and Covered Business Methods.  The…

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Junk Patents and Computer Business Methods

Introduction I have written several posts pertaining to USPTO procedures intended to correct the issuance “junk patents”.  By junk patents, I mean patents issued for claimed developments which were, in fact, not innovative.  One often cited example are patents for computers performing tasks that have routinely been performed by individuals in business or commerce, i.e., computer business…

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CHALLENGING JUNK PATENTS II

Introduction Continuing with the topic of the USPTO issuing patents for items that are not truly patentable “developments”, the America Invents Act (AIA) introduced a significant change allowing third parties to submit information to an examiner challenging the potential issuance of Junk Patents .  See my article Challenging Junk Patents Discussion You may become aware…

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