Patentable Subject Matter Archives - Page 2 of 3

Assessing whether subject-matter is statutory requires a determination as to
whether: the invention (1) falls within the statutory definition of “invention”
provided by the Patent Act; (2) is not within a class of subject-matter that is
specifically excluded by the Patent Act; and (3) is not otherwise excluded by
operation of judicial interpretation of the Patent Act.

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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.

February 28, 2017

Patent Appeal Board Rejects Home Healthcare Administration System for Obviousness

PAB 1394 - The Patent Appeal Board rejected the “Home Health Point-Of-Care and Administration System” disclosed in Canadian Patent Application No. 2,579,081 for being obvious to a person skilled in the art.

October 5, 2016

Canadian Version of Alice Financial Services Patent Rejected for Lack of Statutory Subject Matter

PAB 1408 - The Canadian version of one of the computer-implemented financial services patent applications from the famous U.S. case on software patent eligibility, Alice Corp v CLS Bank International, 573 U.S. __, 134 S. Ct. 2347 (2014), was rejected for lack of patentable subject matter.

September 30, 2016

Software and Data Analytics Patents still a Challenge in Canada

PAB 1407 - The PAB rejected the computer-implemented data analytics patent application of Canadian Patent Application No. 2,798,566, entitled “Identified Customer Reporting”, for lack of statutory subject matter, since no physical feature – no computing device – was found to be essential to the claims.

September 6, 2016

Patent Application for Blackjack Variation Rejected as Unpatentable Subject Matter

In Re Smith, (Fed. Cir. 2015-1664) - A patent application for a variation on the blackjack game was rejected as unpatentable after the CAFC applied the two-step test for patentable subject matter from Mayo and Alice.

May 20, 2016

Software Patent Lines are Drawn: USPTO Comments on Enfish and TLI Communications Decisions

In the Enfish case, the Federal Circuit confirmed the patentability of a “self-referential” database invention as not being directed to an abstract idea under 35 U.S.C. § 101. In the TLI Communications, the Federal Circuit found a proposed invention of classifying and storing digital images using a telephone unit to be abstract.

February 5, 2015

Federal Court Reverses Commissioner’s Opinion that Janssen Altered the Prohibition against Patenting of Methods of Medical Treatment

AbbVie Biotechnology Ltd v Canada (Attorney General), 2014 FC 1251 - The core of the Commissioner’s argument was that Janssen Inc v Mylan Pharmaceuticals ULC, 2010 FC 1123, broadened the prohibition against patents on methods of medical treatment to include generally claims which restrict the “how and when” a physician could administer a particular drug. The Court found that the Commissioner had misread Janssen.

December 12, 2014

UK Court holds email file transfer program is unpatentable subject matter

Lantana Ltd v The Comptroller General of Patents, Design and Trade Marks, [2014] EWCA Civ 1463 - The UK Court rejected a patent on a method of transferring files via email communication for unpatentable subject matter for being no more than a computer program.

November 7, 2014

Federal Court to Hear Challenge to the Patentability of Isolated Nucleic Acids

Children’s Hospital of Eastern Ontario v University of Utah Research Foundation, T-2249-14 - The CHEO will argue that the Long QT Patents that are inhibiting its ability to conduct medical testing claim unpatentable subject matter since the claimed nucleic acids are naturally occurring, encode for naturally occurring human genes, and were discovered by extracting genetic material from human beings. Validity of the method testing claims are also disputed.

October 28, 2014

Commissioner Upholds Rejection of Patent on Computerized Auction System

Commissioner’s Decision # 1355 - Canadian Patent Application No. 2,493,971 on a computerized auction system was rejected for lack of statutory subject matter for being merely an abstract set of rules.

October 20, 2014

Australian Federal Court Upholds Patentability of Isolated DNA Sequences, Parts Ways with Supreme Court of the United States

D’Arcy v Myriad Genetics Inc [2014] FCAFC 115 - The Federal Court of Australia Full Court upheld the validity of Australian Patent No. 686004, which claims an isolated sequence of DNA useful for cancer diagnosis, as qualifying as a “manner of manufacture” and thus patentable subject matter pursuant to section 6 of the Statute of Monopolies.

June 20, 2014

Reciting a Generic Computer or Conventional Computer Implementation Not Sufficient to Render an Otherwise Abstract Idea Patent Eligible

Alice Corp v CLS Bank, No 13–298, 573 US ____ (2014) - The US Supreme Court rejected patent claims that “relate to a computerized scheme for mitigating ‘settlement risk’" for being drawn to the abstract idea of intermediated settlement. Merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible invention.

December 23, 2013

PAB Applies Amazon, Finds a Computer-Implemented Method of Communicating the Cost of Insurance to Be Patentable Subject Matter

Re. Patent Application No. 2,344,781, CD 1336 This is an Appeal Board decision regarding patent application number 2,344,781 entitled "Monitoring System for Determining and Communicating a […]

Patentable Subject Matter

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

Patent Appeal Board Rejects Home Healthcare Administration System for Obviousness

Canadian Version of Alice Financial Services Patent Rejected for Lack of Statutory Subject Matter

Software and Data Analytics Patents still a Challenge in Canada

Patent Application for Blackjack Variation Rejected as Unpatentable Subject Matter

Software Patent Lines are Drawn: USPTO Comments on Enfish and TLI Communications Decisions

Federal Court Reverses Commissioner’s Opinion that Janssen Altered the Prohibition against Patenting of Methods of Medical Treatment

UK Court holds email file transfer program is unpatentable subject matter

Federal Court to Hear Challenge to the Patentability of Isolated Nucleic Acids

Commissioner Upholds Rejection of Patent on Computerized Auction System

Australian Federal Court Upholds Patentability of Isolated DNA Sequences, Parts Ways with Supreme Court of the United States

Reciting a Generic Computer or Conventional Computer Implementation Not Sufficient to Render an Otherwise Abstract Idea Patent Eligible

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

PAB Rejects Patent for Method of Medical Treatment

Subject Matter, Obviousness, Double Patenting and Sound Prediction all Issues in Recent FC Case

FC Invalidates Novartis Patent for Being Unpatentable Subject Matter (Affirmed on Appeal)

PAB Holds Computer-Implemented Method of Fraud Detection Is Not Statutory Subject Matter

PAB Applies AZT finds that inventor could not soundly predict utility throughout entire claimed range

PAB Holds Computer-Implemented Method of Standardizing Bills of Resources Not Patentable Subject Matter

PAB Applies Amazon, Finds a Computer-Implemented Method of Communicating the Cost of Insurance to Be Patentable Subject Matter