Category Archives: Patent Eligible Subject Matter

Roche Molecular Systems, Inc. v. Cepheid – Are Primers “Natural Products”?

Posted on October 9, 2018 by Warren Woessner

Anyone familiar with the fate of claims to primers used in PCR, to amplify a stretch of target DNA in order to determine whether or not a significant mutation is present, could write the opinion in this appeal (No. 2017-1690 … Continue reading →

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Director Iancu’s IPO Address and Judge Rich

Posted on September 27, 2018 by Warren Woessner

Although Director Iancu’s address primarily aims at the difficulty of determining when a claim is directed to an abstract idea, his precursor guiding light is clearly the late Judge Giles Rich. Notably, Iancu quotes from Judge Rich. These quotes are … Continue reading →

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Remarks by Director Iancu at IPO’s Annual Meeting

Posted on September 24, 2018 by Warren Woessner

USPTO director, Andrei Iancu, delivered remarks at the Intellectual Property Owners Association’s 46th Annual Meeting.  Dir. Iancu indicated that a major initiative is underway at the USPTO to reduce the arbitrary and capricious application of 101 patent ineligibility to patent applications.  To read … Continue reading →

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“Big Data” Claims Meet Mayo/Alice Rule

Posted on September 24, 2018 by Warren Woessner

I am going to try to discuss two recent decisions by the PTAB, Ex parte Fiesner, Appeal 2018-00530 (9-10-18) and Ex parte Lehrer, Appeal 2016-007941 (8-29-2018). Both have claims that employ computers to process large amounts of input data to, … Continue reading →

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