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The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal Circuit’s summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Should the SCOTUS take up the case, this presents an opportunity for the Court to clarify the boundaries of patent eligibility and address concerns over the Federal Circuit’s handling of such cases.Continue Reading Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

In June of this year, the US Supreme Court ruled that a proposed mark consisting of the combination of a generic term and a generic top-level domain, like “.com,” is not per se generic. (USPTO v. Booking.com). In response, the United States Patent and Trademark Office (USPTO) recently issued Examination Guidelines for examining such “generic.com” terms.
Continue Reading USPTO Issues Guidance on Examination of Generic.com Terms