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22 Cited authorities

  1. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,414 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 802 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 818 times   160 Legal Analyses
    Holding claims directed to hedging risk ineligible

  4. Electric Power Group, LLC v. Alstom S.A.

    830 F.3d 1350 (Fed. Cir. 2016)   Cited 540 times   39 Legal Analyses
    Holding that claims directed to "a process of gathering and analyzing information of a specified content, then displaying the results, and not any particular assertedly inventive technology for performing those functions" are directed to an abstract idea

  5. Ultramercial, Inc. v. Hulu, LLC

    772 F.3d 709 (Fed. Cir. 2014)   Cited 495 times   47 Legal Analyses
    Holding that displaying an advertisement in exchange for access to copyrighted material is an abstract idea

  6. Gottschalk v. Benson

    409 U.S. 63 (1972)   Cited 501 times   59 Legal Analyses
    Holding claim involving mathematical formula invalid under § 101 that did not preempt a mathematical formula

  7. Parker v. Flook

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

  8. Bancorp Servs., L.L.C. v. Sun Life Assurance Co. of Canada

    687 F.3d 1266 (Fed. Cir. 2012)   Cited 380 times   13 Legal Analyses
    Holding that the machine-or-transformation test remains an important clue in determining whether some inventions are processes under § 101

  9. Cybersource Corp.. v. Retail Decisions Inc.

    654 F.3d 1366 (Fed. Cir. 2011)   Cited 280 times   22 Legal Analyses
    Holding that a claim whose "steps can be performed in the human mind, or by a human using a pen and paper" is directed to an "unpatentable mental process"

  10. Intellectual Ventures I LLC v. Symantec Corp.

    838 F.3d 1307 (Fed. Cir. 2016)   Cited 210 times   7 Legal Analyses
    Holding claims ineligible where "the asserted claims do not contain any limitations that address" problems the specification purported to solve

  11. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,490 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 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

  14. Section 1.136 - Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  15. Section 41.41 - Reply brief

    37 C.F.R. § 41.41   Cited 8 times   25 Legal Analyses

    (a)Timing. Appellant may file only a single reply brief to an examiner's answer within the later of two months from the date of either the examiner's answer, or a decision refusing to grant a petition under § 1.181 of this title to designate a new ground of rejection in an examiner's answer. (b)Content. (1) A reply brief shall not include any new or non-admitted amendment, or any new or non-admitted affidavit or other Evidence. See § 1.116 of this title for amendments, affidavits or other evidence

  16. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and