Tag Archives: section 101

Is There Light on the Horizon?

April 15, 2021 Patent

The horizon of which inventions are patentable, that is.  For the last decade or so, the Supreme Court has been steadily excluding one technology after another from patent protection.  The recent series of cases started in 2010 with Bilski v Kappos, which determined that a method of hedging utility fuel prices was not patentable.  Then the […]

Momentum in Congress Builds for… Something

July 4, 2019 Patent

In last May’s newsletter we told you about proposed changes to the patent statute to, hopefully, correct some of the damage that the Supreme Court has done to the U.S. patent system over the last decade.  Among other things, the Supreme Court has expanded the judge-made categories of inventions that cannot be patented to include […]

Can I Patent my Software or Internet Invention or Smartphone App?

February 21, 2019 Patent

You can create a great software or Internet invention that is completely novel, unobvious and has utility, but you still may not qualify for a patent.  Why not? Congress enacted 35 USC §101 to identify which inventions are the proper subject for patents.  That section states: Whoever invents or discovers any new and useful process, […]

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