Creep of Patent Eligibility Goulash

Introduction: I have written frequently about the morass of “logic” created by the courts regarding the patent eligibility of computer implemented business methods and software.  This logic pertains to whether the software is an “abstract idea” and therefore not eligible for patent protection.  This is a fluid topic.  It has been termed eligibility goulash by…

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“Groundbreaking” But Not Patentable?

INTRODUCTION: It is clear abstract ideas are not patentable. However the topic is much more complex. I have written a number of articles regarding the fog shrouded abyss related to patenting computer business methods and medical diagnostic procedures.  The Supreme Court and the Court of Appeals for the Federal Circuit (commonly known as the “Federal Circuit”) continue to…

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Avoiding the “Un-patentable Abstract Idea”

INTRODUCTION: I have written many times of the ambiguity created by the courts in the Alice and Mayo decisions regarding what is patentable subject matter.  I am today suggesting a method of “avoiding the un-patentable abstract idea”. What I am referring to is the rejection of patentable innovations on the basis that the patent is merely claiming an abstract idea.  An abstract idea…

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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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Patenting Medical Diagnostic Procedures

INTRODUCTION There is a string of cases holding patents invalid on the basis that the patent is merely claiming an aspect of natural law.  This involves patents pertaining to medical diagnostics. Patents for medical diagnostic procedures may involve a dependency upon reactions or results that are a function of natural law (35 U.S.C. Section 101).  For example,…

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