Strawberry Patent Wars Forever

To a casual grocery shopper, looking to find the perfect topping for her shortcake, ingredient for her smoothie or vehicle for her heavenly chocolate fondue, patents are probably the last things on her mind.  Yet, in fact, the very item that she seeks, the strawberry, an aromatic, bright red, juicy, and sweet fruit, has been at the center of ongoing patent litigation. Patent law covers the invention or discovery of “any new and.. Read More

The Impending Arrival of Newly Proposed Patent Subject Matter Eligibility Guidelines: An Opportunity for Clarity?

On April 11, 2018, the Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu, delivered remarks at the United States Chamber of Commerce Patent Policy Conference, stating that the law surrounding patent subject matter eligibility (35 U.S.C. § 101) has resulted in “a more unpredictable patent landscape that is hurting innovation and, consequently, investment and job creation.” During these remarks, Director Iancu said the USPTO was “actively looking for ways.. Read More

Time to Wake Up: Comparing Statutory Proposals to Escape Alice’s Looking Glass

By changing the word “art” to “process” in the 1952 Patent Act, Congress introduced one of the first changes to the statutory language of PSM since Thomas Jefferson penned the original in 1793. Diamond v. Chakrabarty, 447 U.S. 303 at 309 (1980). Since then, patent-eligible subject matter under 35 U.S.C. § 101 has remained unaltered by Congress.   However, over 200 years of judicial interpretation led to the development of specially created judicial.. Read More