A Business Method Claim Involving Only Mental Processes Is Not Patentable Under 35 U.S.C. §101 October 22, 2007
»»»As noted in the Comisky Special Report, another case pending before the Federal Circuit relating to the scope of §101 subject matter eligibility for business methods is the PTO Board of Appeals’ non-precedential decision in In re Bilski. On February 15, 2008, the Federal Circuit on its own initiative issued an order granting an en banc hearing, and listing five questions to be addressed by the parties in supplemental briefs. The questions include, among others, what standard should govern in determining whether a process is patent-eligible subject matter under §101, when does a claim that contains both mental and physical steps create patent-eligible subject matter, and should the Federal Circuit’s State Street Bank v. Signature Financial Group and AT&T v. Excel Communications decisions be reconsidered and overruled in any respect? October 22, 2007
Changes to U.S. Patent Practice For Limitations On Claims, Claim Fees, Related Applications And Applications Containing Patentably Indistinct Claims, Continuing Applications, And Requests For Continued Examination August 31, 2007
Federal Register Notice re: Final Rule – Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications August 31, 2007
The Federal Circuit Overhauls the Willful Infringement Standard for Enhanced Damages, IN RE Seagate Technology, LLC August 31, 2007
Supreme Court Holds in KSR Case that Expansive and Flexible Obviousness Analysis is Required May 7, 2007
Supreme Court Rules in Microsoft Case that Only Components Supplied From the United States and Combined Abroad, and Not Foreign-Made Copies of the Components, Trigger Infringement Liability Under 35 U.S.C. §271(F) May 7, 2007
Supreme Court Authorizes Licensee to Initiate Challenge to Licensed Patent While Remaining Protected by License January 26, 2007
