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Ex Parte KELKAR et al

13173115 - (D) (P.T.A.B. May. 17, 2019)
Ex Parte KELKAR et al

15 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,418 times   520 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  2. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 806 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  3. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 821 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 538 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  5. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 502 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  6. Parker v. Flook

    437 U.S. 584 (1978)   Cited 369 times   63 Legal Analyses
    Holding narrow mathematical formula unpatentable

  7. Buysafe, Inc. v. Google, Inc.

    765 F.3d 1350 (Fed. Cir. 2014)   Cited 269 times   24 Legal Analyses
    Holding that claims "squarely about creating a contractual relationship" drew on idea of "ancient lineage," even where dependent claims "narrow[ed] to particular types of such relationships"

  8. Classen Immunotherapies, Inc. v. Biogen Idec

    659 F.3d 1057 (Fed. Cir. 2011)   Cited 33 times   24 Legal Analyses
    Finding that claim of a patent directed to a single step of reviewing effects of known immunization schedules was directed to patent-ineligible subject matter, as it did "not including putting this knowledge to practical use" while a claim that required the "further act of immunization in accordance with a lower-risk schedule" moved the claim from "abstract scientific principle to specific application"

  9. SmartGene, Inc. v. Advanced Biological Laboratories, SA

    555 F. App'x 950 (Fed. Cir. 2014)   Cited 22 times   7 Legal Analyses
    Finding ineligible a claim which "does no more than call on a 'computing device,' with basic functionality for comparing stored and input data and rules, to do what doctors do routinely"

  10. Cochrane v. Deener

    94 U.S. 780 (1876)   Cited 143 times   5 Legal Analyses
    In Cochrane the invention was a method for bolting flour, described as a series of mechanical steps in the processing of flour meal.

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,494 times   2273 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  12. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  13. Section 101 - Executive departments

    5 U.S.C. § 101   Cited 135 times   7 Legal Analyses
    Listing the Department of Commerce as an Executive department

  14. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622