Google defines \u201cabstract\u201d<\/a> to mean \u201cexisting in thought or as an idea but not having a physical or concrete existence.\u201d<\/p>\nIt is logically impossible for the method of processing paper checks to be novel and nonobvious and still not be inventive enough to save the claim from ineligibility. No matter how many times the Federal Circuit tries to explain otherwise, that logical flaw will never be resolvable.<\/p>\n
Clearly, the Federal Circuit has as an entity abdicated its judicial responsibility. Each and every judge on the Federal Circuit has taken an oath. They are finding devices to be abstract, claims that are novel and nonobvious to be non-inventive, and an invention in Athena <\/em>that they all agreed should be eligible to be patent ineligible. The Federal Circuit has clearly jumped the shark!<\/p>\nAfraid of What?<\/strong><\/h2>\nFederal Circuit judges have life tenure; they have guaranteed salaries that cannot be reduced, and they will receive a pension guaranteed by the U.S. federal government. They have all the security anyone could ever want, yet they are afraid to get reversed by the Supreme Court? Afraid of what exactly? No Supreme Court police are going to show up and arrest them if they get reversed. And why not try writing an opinion that explains how these cases with different facts, different inventions and issues of great concern for entire industries require \u2013 in fact absolutely mandate \u2013 the outcome that 12 out of 12 judges seem to agree is proper?<\/p>\n
The judges on the Federal Circuit claim they are handcuffed, but we know they are not, and playing the victim like that is getting old, tired and frankly insulting. These judges are not just <\/em>interpreting Bilski<\/em>, Myriad<\/em>, Mayo<\/em>, and Alice<\/em>, they are going far beyond any honest and fair reading of what the Supreme Court required, with cases that present wholly different facts, and inventions of entirely different magnitudes compared with the non-inventions the Supreme Court said they were dealing with in Bilski<\/em>, Myriad<\/em>, Mayo<\/em>, and Alice<\/em>.<\/p>\nIn fact, the Federal Circuit, if anything, is explicitly ignoring the Supreme Court with each new illogical, irrational decision. The Supreme Court knew the judicial exceptions to patent eligibility, which are extra-statutory and potentially wholly untethered, are an awesome power that must be treated with great care. \u201c[W]e tread carefully in construing this exclusionary principle lest it swallow all of patent law,\u201d the Supreme Court wrote in Alice v. CLS Bank<\/em>, pointing out that at some level all inventions start out as ideas.<\/p>\nAnd yet, the Federal Circuit has effectively reached a point in 2019 where even devices\u2014the apparatus claim of ChargePoint <\/em>and the moveable barrier claim of Chamberlain<\/em>\u2014are abstract ideas, and not inventive even if they are novel and nonobvious. To refer to the current state of U.S. patent law as asinine would be a euphemism, to say the least.<\/p>\nImage Source: https:\/\/flashbak.com\/alfred-jarrys-ubu-roi-the-most-punk-play-of-all-time-372959\/\u00a0<\/em><\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":"
Something has happened at the United States Court of Appeals for the Federal Circuit over the past six months. After inching forward in a positive direction on patent eligibility, the entire court, including those judges who had been on the pro-patent eligibility wing of the court, have fallen, slipped, or just given up. The precisely correct characterization remains elusive given the traditional, characteristic and appropriate secrecy that surrounds judicial tribunals. As constitutional officers charged with independently deciding cases, judges take few speaking engagements. Even when they do, they generally speak off the record, and never speak about specific issues or cases that may at some point come before them. In this industry, that means little discussion is had between the bench and bar relating to matters of patent eligibility outside the record, which is itself unfortunate. If the judges of the Federal Circuit would sit through a conference exploring patent eligibility as it applies to the software and biotechnology industries, they would learn much about the uncertainty their decisions are causing. Still, something undeniably has changed.<\/p>\n","protected":false},"author":19234,"featured_media":113950,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"content-type":"","footnotes":"","_links_to":"","_links_to_target":""},"categories":[7202,82,262,228,3,6555,38597,37020,187,586],"tags":[553,8730,8735,8745,181,153,38,49,1599,1569,8731,8774,661,83,34,1241,205,172,248],"yst_prominent_words":[54737,54736,54740,54733,15342,54742,54735,54732,15338,15330,52889,43217,54741,54739,54738,54743,54734,16219,52291,15331],"acf":[],"_links":{"self":[{"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/posts\/113948"}],"collection":[{"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/users\/19234"}],"replies":[{"embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/comments?post=113948"}],"version-history":[{"count":0,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/posts\/113948\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/media\/113950"}],"wp:attachment":[{"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/media?parent=113948"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/categories?post=113948"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/tags?post=113948"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/ipwatchdog.com\/wp-json\/wp\/v2\/yst_prominent_words?post=113948"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}