Many of these decisions have been made "on the pleadings," i.e. in the very early stages of a case, meaning that Section 101 is being used early on by patent defendants to try to avoid the costs of a long and drawn out patent case.
My advice to those drawn to patent agency as a career choice?
We evaluate the technology we uncover or that is brought to us for its commercial potential, and we work with patent agents to draw up patent applications where appropriate.
Judge Lourie, in an opinion joined by four judges (Judges Dyk, Prost, Reyna and Wallach), found all of Alice's asserted claims drawn to patent-ineligible abstract ideas.
Judge Moore, in a separate opinion (in which Chief Judge Rader and Judges Linn and O'Malley joined), said she would have found the system claims drawn to patent-eligible subject matter.
McGill's Jonathan Sterne gives a cultural history of auto-tune as a form of signal processing, drawing on patent documents, interviews, operational protocols, tuning standards and competing acoustemologies.
After graduation and a stint as an Army Signal Corps officer during World War II, Rines returned home to draw the patent for his and Mueller's light communication system and earn a law degree from Georgetown University in 1947.
In it Atanasoff told Mauchly not to discuss the concepts because the state college attorney was about to draw up patent papers.
Id. at 3. Following Bilski, the District Court held that the claims were ineligible for patent protection because they were drawn to a patent-ineligible abstract idea.
But the patent office has drawn the line on patenting of humans or human embryos themselves, saying it would not be constitutional.
