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IPO Daily News™

Wednesday, 13 June 2018 8:07 am

Andrei Iancu

USPTO DIRECTOR DISCUSSES PATENT SUBJECT MATTER ELIGIBILITY

On Monday USPTO Director ANDREI IANCU gave a speech at a conference in California discussing patentable subject matter under Section 101. He said that the Supreme Court’s jurisprudence has articulated a “limited number of examples” of the “basic tools of scientific and technological work” that should be excluded from eligibility. He argued that the case law should be read narrowly to exclude only these categories from patent eligible subject matter:

• “pure discoveries of nature” that are “natural and before human intervention”
• “fundamental mathematics”
• “‘methods of organizing human activity,’ such as fundamental economic practices”
• “purely mental processes and intellectual concepts that are only in the human mind.”

“Claims that include prohibited matter” should be eligible “as long as that matter is integrated into a practical application, and “[i]f the claims at issue do not contain subject matter in one of these excluded categories, then perhaps they should be presumptively patent-eligible. In such cases, this would end the 101 analysis and we could move on to Sections 102, 103, and 112. This alone would resolve a significant number of cases currently confounding our system.”

IP IN THE MASS MEDIA

Samsung Appeals $539 Damage Award to Apple

On Monday CNET reported that Samsung Electronics Co. appealed a California court’s decision that it should pay $539 million in damages to Apple Inc. for infringing five patents related to the iPhone. Samsung argues that the amount is excessive. It also seeks reimbursement of $140 million in damages it paid for infringing a patent on touchscreen technology that was later invalidated.

Olaplex Wins Patent Infringement Suit against L’Oreal

On Monday the Financial Times reported that California startup Olaplex won its suit against L’Oreal for infringing patents on products that protect hair during bleaching.

Wall Street Journal Discusses Why Inventor Commercialized Surveillance Camera in China

On Monday the Wall Street Journal published an article discussing why the inventor of a camera that uses artificial intelligence for long-range surveillance that was created and patented in the U.S. is commercializing the technology in China—”easier access to startup funding, manufacturing supply chain and burgeoning demand for high-tech cameras.” China seeks to become the global leader in AI by 2030.