It’s been over eight years since the Supreme Court issued its Bilski v Kappos decision, over six years since the Supreme Court issued its Mayo v. Prometheus decision and over four years since the Supreme Court issued its Alice Corp. v. CLS Bank decision. In case anyone missed it, each of these three landmark cases was decided based on evidence on the record. Thus, the Supreme Court not only contemplated the need for evidence when determining patent eligibility for abstract ideas of man-made origin, but wholly embraced the practice. Yet despite the Supreme Court’s trio of evidence-based holdings, it was February of this year before a single three-judge Federal Circuit panel definitively ruled on the evidence issue in Berkheimer v. HP, and it was the end of May before a majority of the Federal Circuit signed on to the idea that determining whether a man-made something is well-understood (or well-known), routine and conventional is an issue of fact that should be based on objective evidence. That’s the better part of a decade of the Federal Circuit wandering the desert.
The post No Light at the End of the Tunnel, Not Even Close appeared first on IPWatchdog.com | Patents & Patent Law.
Patent
- Enablement
- Fee Shifting
- Litigation
- CAFC Affirms Ruling that Patent Owner Engaged in Abusive Litigation Tactics Against IBM, SAP and JP Morgan Chase
- Other Barks & Bites for Friday, March 5: China Leads World in 2020 PCT Filings, Copyright Office Issues Rules on Music Modernization Act, and USIJ Urges President Biden to Pick Patent-Friendly USPTO Director
- Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions
- Design Patents: Under Utilized and Overlooked
- Deciding Where to Obtain International Patent Rights
Recent Posts
- CAFC Affirms Ruling that Patent Owner Engaged in Abusive Litigation Tactics Against IBM, SAP and JP Morgan Chase
- Other Barks & Bites for Friday, March 5: China Leads World in 2020 PCT Filings, Copyright Office Issues Rules on Music Modernization Act, and USIJ Urges President Biden to Pick Patent-Friendly USPTO Director
- Balancing Innovation and Competition: Thomas Jefferson’s View of Obviousness for Mechanical Inventions
- Design Patents: Under Utilized and Overlooked
- Deciding Where to Obtain International Patent Rights