USPTO Update on Subject Matter Eligibility

A new USPTO memo addresses two recent subject matter eligibility decisions from the Federal Circuit that hold in favor of subject matter eligibility under §101. The memo also includes guidance on preemption.


In McRO, Inc. dba Planet Blue v. Bandai Namco Games America Inc., 120 USPQ2d 1091 (Fed. Cir. 2016), the patent at issue claims methods of automatic lip synchronization and facial expression animation using computer-implemented rules. The Federal Circuit relied on the specification's detailed explanation of how the claimed rules enabled the automation of specific animation tasks that previously could not be automated to uphold ...  Click to learn more.

Tips for Young Companies No. 3: The IP Counsel Problem

Among a young company’s most valuable assets is its intellectual property. But without proper safeguards, the company can be put at risk by entering into agreements that give away valuable IP rights and by unwittingly infringing third party IP rights.

Outside counsel charges by the hour, so every time you pick up the phone for advice, the meter starts to run. The resulting legal bills can be surprisingly large.

In-house counsel solves this problem by containing the cost. But what if your company can’t afford to have a full time, IP-savvy lawyer on staff?  Click to learn more.

What effect will Brexit Have on Patent Prosecution and Trademarks in the UK and Europe?

European Patent Office (EPO)

The European Patent Convention is not an EU agreement and the EPO is not an EU body. The EPO contracting states include a number of countries outside the EU, for example Norway, Switzerland and Turkey, and the UK will remain a contracting state of the EPO after it leaves the EU. A European patent attorney in any of the EPO contracting states has the right to represent clients in the EPO and before the Boards of Appeal. So UK counsel will still be able ... Click to learn more.