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Tag Archives: patent eligibility

Hogan Lovells’ U.S. + Germany Patent Update – July 2019 (English, 日本語, 한국어)

Hogan Lovells’ U.S. + German Patent Update reports on recent patent news and cases from Germany and the United States. The full July 2019 update can be accessed in the following languages: English available here 日本語 available here 한국어 available here The July 2019 Update covers the following developments across the U.S. and Germany: United

USPTO Announces Revised Guidance for Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) kicked off the new year in a big way by releasing its “2019 Revised Patent Subject Matter Eligibility Guidance”.  This guidance for USPTO examiners and Patent Trial and Appeal Board judges does not have the force of law, but it is still particularly important for those in

US: PTAB – What’s in store for the rest of the year?

In this post we examine how Section 101, IPRs and sovereign immunity defences are set to shape the board’s procedures and strategies over the coming months. The article was first published in Intellectual Property Magazine, March 2018. Before projecting the future, it is important to reflect on the past. The US Patent Trial and Appeal Board (PTAB)

US: Bioprinting – A life sciences and legal innovation

The patent eligibility of bioprinted products and processes has not been squarely addressed by the legislature or tested in courts. Arlene Chow and Nitya Anand explain what could be done in the future in this article, first published in issue #35 of IPPro Patents. The medical industry is undergoing a radical transformation, thanks to recent

Is a Blockchain patent still possible?

In a previous article, we explored whether Satoshi Nakamoto could have patented bitcoin and whether such a patent would have survived an eligibility challenge. In this post, we look at some of the legal and practical issues facing the would-be blockchain patentee including:   ‘Alice’ Eligibility Questions for Blockchain Inventions Post-‘Alice’ Eligibility Updates Practical Approaches For

U.S. – Develop a digital health IP protection plan

The digital health space is transforming health care with inventions that address complex medical challenges, such as wearable health-tracking devices, sophisticated software programs to improve patient care, and systems that facilitate on-demand doctors’ visits. Given the current legal environment for software-based patents and a fierce competitive landscape, the success of new products in this area

U.S. – Electric Power Group: Another patent eligibility decision

In a previous post, several recent decisions of the Federal Circuit pertaining to post-Alice patent eligibility issues in the computer and software arts were discussed, including how the entirety of a patent specification is given weight in the court’s analysis in ways seldom seen before.  Shortly afterwards, the Federal Circuit issued another patent eligibility decision.  Electric

IP in the digital age: a tricky path ahead for pharma companies?

“The pharmaceutical industry needs to adjust its expectations of the scope of IP protection available in the digital age“ The pharmaceutical industry is becoming increasingly interested in digital health and serious money is being invested in the technology. Pharmaceutical companies are used to an established commercial formula for bringing new products to market, with product

The Bitcoin Patent – Only A Matter Of Time?

Bitcoin is a technological marvel that has revolutionized financial systems. The birth of bitcoin came in 2008 in a paper entitled “Bitcoin: A Peer-to-Peer Electronic Cash System” by the pseudonymous Satoshi Nakamoto. The genesis block – the first block of transactions – was created the following year, and the network has continued ever since. Given

Alice evolves – DDR, Enfish, and now, BASCOM – Giving hope to subject matter eligibility in computer arts

The two-step patent eligibility test The Supreme Court’s decision in Alice applied the two-step test for patent eligibility set forth in Mayo. The first step is to evaluate abstractness, and the second step is to evaluate inventiveness.  In DDR Holdings, the Federal Circuit further explained that a problem-solution approach rooted in technology works best in