Protect Best Ideas Patents, Trademarks, Copyrights

Patent Eligibility Experts

Court decisions post-Alice are reviewed using our analytical framework for patent claims drafting and patent litigation.

Seeking the best path forward? The Juhasz Law team of patent eligibility experts counsels technology companies and inventors on whether software, life science or other innovations are patent-eligible, and if so, we seek the best path forward.

The first hurdle an invention must clear before a patent is granted goes to the subject matter of the invention. Unless the invention qualifies as patentable subject matter the patent application will get rejected. And unless an issued patent clears that hurdle in litigation, what you thought to have been a good patent may fall to the wayside.

To overcome, patent applicants face two hurdles: Your invention must not only fall into one of the statutory new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. But it must also avoid getting snagged by one of the judicially created exceptions to patent eligible matter which are:

  • Laws of nature (e.g., Einstein’s theory of relativity e=mc2; see also the relationship to internal body temperature to ambient skin temperature in Exergen Corp v. Brooklands Inc.)
  • Natural or physical phenomena (e.g., human genes; see Ass’n for Molecular Pathology )
  • Abstract ideas (e.g., mental processes, such as a mathematical algorithm; see Keep Tabs on Alice)

No patent will be issued and withstand legal challenge unless it clears the above hurdles. To clear those hurdles, you need the expertise of patent eligibility experts.

At Juhasz Law, we deal with these patent eligibility issues on a regular basis and as experts on this topic, we are driving the debate.

We have written extensively about this subject. We have developed tools to help our clients better address Alice issues in connection with their claims. See this PSAI-PG℠. We have developed practical tools for determining patent eligibility they call “physical and virtual links”. The “physical and virtual links test” approach for determining patent eligibility turns on the existence or absence of a definitive link between software instructions or data and something real, that is, a physical or tangible object. We have also helped the U.S. Supreme through amicus briefs filed in the landmark cases of CLS Bank International v. Alice Corporation, Ass’n for Molecular Pathology, and Mayo Collaborative Services v. Prometheus Laboratories cases.

The single most important expertise you can secure to protect and defend against an Alice challenge is the expertise of a patent eligibility expert. At Juhasz Law our team includes experts on patent eligibility which is why we are often the go-to firm of clients on difficult patent cases where others have failed.

Blog Archive