Tag Archives: The State of Patent Eligibility

Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims?

Posted on June 26, 2023 by Warren Woessner

On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Chakrabarty, naturally occurring processes, patent eligible subject matter, The State of Patent Eligibility | Leave a comment

Tillis Bill Tries to Fix Section 101

Posted on August 8, 2022 by Warren Woessner

This recently introduced bill would replace section 101 with a lot of text. The commentators are all commentating, but I have yet to read whether or not the “outlaw” status of claims to diagnostic methods—led by varying interpretations of Mayo … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Mayo v Prometheus, s. 101, The State of Patent Eligibility | Leave a comment

Yu v. Apple – Transubstantiation of a Machine into an Abstract Idea

Posted on June 14, 2021 by Warren Woessner

Every time the courts re-define a mechanical device as an abstract idea, I struggle with the rationale that is applied to evaluate the claimed subject matter for patent eligibility under s. 101. I am not a computer scientist so the … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged s. 101, The State of Patent Eligibility | Leave a comment

Neapco’s Brief in Opposition to AA’s Petition for Cert.

Posted on April 9, 2021 by Warren Woessner

On March 31, 2021, Neapco Holdings LLC filed its Brief in Opposition to American Axle’s Petition for Cert. If you need a refresher on the proceedings to date, please read (or re-read) the analyses I posted on Jan. 11, 2021 … Continue reading →