Abstract Theorems

March 7, 2022
A photo of two TSA-approved luggage locks bearing the red Travel Sentry logo.

Maker of Travel Locks Fails to Revive Patents on Appeal

Travel Sentry, Inc. v David A. Tropp, No. 2021-1908 (Fed. Cir., Feb. 14, 2022). The patents claimed an economic practice and method of organizing human activity, which is not subject-matter that can be protected under the patent system.
November 15, 2021
Photo of computer screen showing a code editor.

Landmark Graphics Benefits Again From PAB’s Post-Choueifaty Approach

2021 CACP 42: Cementing its post-Choueifaty approach to patentable subject-matter in Canada, the PAB found all claimed elements to be essential in the computer-implemented invention.
November 2, 2021
Photo of a hand holding a credit card above a laptop keyboard.

Apple and Visa Persuade Federal Circuit to Invalidate Patents for Secure-Payment

Fed. Cir. No. 2020-2044: The Federal Circuit found that the patents were directed to an abstract idea, with no additional elements to transform them into patentable subject-matter.
November 23, 2018

PAB Rejects Application: Ambiguous and Indefinite Claims are Unpatentable

PAB 1453 – The Patent Appeal Board found that Canadian Patent Application No. 2,612,950 for a “system and method for generating real-time indicators in a trading list or portfolio” was obvious, the claims did not define statutory subject matter and were indefinite.
October 17, 2017

U.S. Federal Circuit Deems Software Innovation is Patent-Eligible, But Not Infringed

2016 U.S. App. LEXIS 8699 (Fed. Cir. 2016) - The US CAFC reversed the decision of a district court in part, finding that the claims in a software patent were patent-eligible, and reversed the finding that the claims were anticipated, but affirmed the district court’s decision that there was no infringement.
December 23, 2013

PAB Allows Application Despite Examiner’s Rejection Based upon Unpatentable Subject Matter

Re. Patent Application 2,333,184 CD 1345   Background   The patent application at issue is for an automated method of classifying or sorting plant embryos of […]