Tag Archives: subject matter eligibility

Characterization of Claim Elements as “Conventional” Results in Section 101 Subject Matter Ineligibility

By Ron Kern on July 25, 2022 Posted in Patents

In an attempt to broaden a patent’s disclosure and provide Section 112 support for features that are not explicitly disclosed within the patent’s specification (such as reagents, assays, techniques, etc.), patent applications are often drafted with boilerplate language to indicate that other “conventional,” “well-known” or “routine” features may be used. But acknowledging that features of … Continue Reading

CAFC: Patents Enjoy a Presumption of Subject Matter Eligibility

By Phillip Wolfe and Michael Stein on July 1, 2019 Posted in Patent

In Cellspin Soft, Inc. v. Fitbit, Inc.,[1] the Court of Appeals for the Federal Circuit (CAFC) rendered an important decision declaring that the presumption of validity under § 282 includes the presumption that claims are patent eligible under § 101. Claimed Invention and Procedural Posture Cellspin sued several companies for infringing various claims of four … Continue Reading