Statute
35 U.S.C. § 101
406 published works
Chicago IP Litigation
Software Modernization Patents Held Ineligible Under Section 101 as “Do It on a Computer” Abstract Ideas
Natsoft Corporation and Updraft, LLC v. Hexaware Technologies Limited, et al.., No. 25 CV 11517, (N.D. Ill. June 9, 2026) (Shah, J.). Judge Shah granted defendant Hexaware’s Fed. R. Civ.…
Patent Law Weblog
The Mental Process Exception to Patentability is Absurd, but Here’s a Quick Fix
By Michael Borella –Grab a pencil. Now train a large language model.Not a big one, mind you. Let’s go small, something in the range of a few billion parameters, trained…
Zalma on Insurance
John Madden and The US Patent and Trademark Office
By Barry Zalma
Blockchain Fraud Detection Loses Protection John Earl Madden (April 10, 1936 – December 28, 2021) was an American Professional Football Coach and Sports Commentator in the National Football League Seeking…
PatentNext
Federal Circuit Finds Concrete Technological Improvement Supports Patent Eligibility in Ceiva Opco
PatentNext Takeaway: Ceiva Opco, LLC v. Amazon.com, Inc. illustrates how a concrete technological improvement can support patent eligibility. The Federal Circuit found that a digital picture frame system with a…
IP IQ
USPTO SMED Update: What Does It Mean to “Weigh” Evidence of Patent Eligibility?
On Sept. 29, the USPTO issued another memorandum as well as a new flowchart addressing applicant “subject matter eligibility declarations” (SMEDs) submitted to establish eligibility under Section 101. This is…
IP Law Watch
The Receivership Estate of AudienceScience Inc. v. Google LLC: The Federal Circuit’s Continuing Skepticism over Targeted Advertising Patents
By Connie Jaw
In The Receivership Estate of AudienceScience Inc. v. Google LLC, the Federal Circuit affirmed a district court’s grant of judgment on the pleadings that patents covering targeted advertisement are ineligible…
PatentNext
Software Inventions And Section 101: An Often Overlooked Argument For Demonstrating A Patent-Eligible Improvement
PatentNext Takeaway: An improvement in the functioning of a computer, or an improvement to other technology or technical field, can provide an overlooked response to a software patent eligibility rejection.…
Harness Dickey Blog
You Received a Patent Troll Demand Letter or Lawsuit? A Plain-English Playbook
What to do first when a non-practicing entity comes after your company A letter arrives accusing your company of infringing a patent you have never heard of. Or…
PatentNext
Federal Circuit Finds AI-Based Dental Monitoring Patent Claims Abstract Under Section 101
PatentNext Takeaway: The Federal Circuit’s decision in Dental Monitoring SAS v. Align Technology, Inc., No. 2024-2270 (Fed. Cir. July 7, 2026), provides another important warning for patent applicants seeking protection…
Thomson Reuters Law Blog
Thomson Reuters and Sterne Kessler show what Fiduciary-Grade AI™ can do for patent law
By Kayla.malone@thomsonreuters.com
In legal work, precision is non-negotiable. Attorneys remain accountable for every output, and even small errors can affect case outcomes. A missed precedent, unsupported argument, or flawed analysis can change…