CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole

Last week, CPIP Senior Scholar Adam Mossoff and I filed an amicus brief on behalf of 15 law professors, including CPIP’s Devlin Hartline, Chris Holman, Sean O’Connor, Kristen Osenga, and Mark Schultz. We urge the Supreme Court to grant certiorari in TDE Petroleum v. AKM Enterprise and reaffirm that any analysis of an invention must be of the claimed invention … Continue reading “CPIP Scholars File Amicus Brief Urging Consideration of Claimed Inventions as a Whole”

IPO Publishes Analysis of Recently Released Legislative Proposal

Last week, the Intellectual Property Owners Association (IPO) released a proposed revision to the section of the Patent Act that defines the subject matter eligible for patenting.  I discussed the importance of the proposal, noting that there have been several calls for legislative solutions to overly restrictive understanding of what inventions are eligible for patents. … Continue reading “IPO Publishes Analysis of Recently Released Legislative Proposal”

IPO Proposes Legislative Solution to the Morass of Patent Eligibility

On January 31, the Intellectual Property Owners Association (IPO) released a proposed revision to the section of the Patent Act that defines the subject matter eligible for patenting. IPO’s proposed text for an amended 35 U.S.C. § 101 can be downloaded here. The proposal returns patent law to the long established practice of analyzing the … Continue reading “IPO Proposes Legislative Solution to the Morass of Patent Eligibility”

Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents

The Federal Circuit issued another important opinion yesterday affirming that software is a patentable invention in the United States. In Trading Technologies Int’l, Inc. v. CQG, Inc., the court determined that a graphical user interface (GUI) for a commodities trading platform was patent eligible. Ten law professors, including CPIP Senior Scholars and others, filed an … Continue reading “Trading Technologies v. CQG: Federal Circuit Gets One Right On Software Patents”

Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System

Two years ago, CPIP published an issue paper warning about the tremendous potential for abuse inherent in the America Invents Act’s newly-created administrative review programs. It now appears that several members of Congress are concerned as well. On December 5, 2016, a bipartisan group of New York representatives sent a letter to Michelle Lee, Director … Continue reading “Members of Congress Express Concerns About Abuses of PTO’s Inter Partes Review System”

New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule

CPIP Research Scholar Jonathan Putnam and co-author Tim Williams’ paper “The Smallest Salable Patent-Practicing Unit (SSPPU): Theory and Evidence,” shows how poorly patent law measures the value of litigated patents. Using theory and empirical evidence, they show that the economic contribution of patented technology is better measured by the output, such as the commercial product, … Continue reading “New Paper Exposes Flaws in Smallest Salable Patent-Practicing Unit Rule”

New Paper Addresses Flaws in Patent Holdup Theory

Stephen Haber and Alexander Galetovic of the Hoover Institution’s Working Group on Intellectual Property, Innovation and Prosperity (IP2) published a new working paper on the problems with Patent Holdup Theory. In “The Fallacies of Patent Holdup Theory,” Professors Haber and Galetovic show that Patent Holdup Theory is based on three fundamental errors. Professor Haber presented … Continue reading “New Paper Addresses Flaws in Patent Holdup Theory”

Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines

An oil well drilling rig is not an abstract idea. A method of operating an oil well drilling rig is also not an abstract idea. This proposition should be clear to all, but in TDE Petroleum Data Solutions v AKM Enterprise, the Federal Circuit held that a method of operating an oil well drilling rig … Continue reading “Federal Circuit Improperly Extends Abstract Idea Exception to Industrial Machines”