INSIGHT: Federal Circuit Helps Clarify Patent Eligibility for Tech Improvements

By: Irah H. Donner
– Bloomberg Law

Intellectual property protection and enforcement partner Irah Donner authored an article for Bloomberg Law on the Federal Court’s recent ruling in Koninklijke KPN N.V. v. Gemalto M2M GmbH for an improved data transmission error detection system. In this article, Donner analyzes how the Federal Circuit applied the patent eligibility test set forth by the U.S. Supreme Court in the 2014 Alice Corp. PTY. Ltd. v. CLS Bank International decision, saying it “explained that the ‘claimed invention is also directed to a non-abstract improvement because it employs a new way of generating check data that enables the detection of persistent systematic errors in data transmissions that prior art systems were previously not equipped to detect.’” He also provides practical guidance for patent applicants and litigators to consider when applying for a patent.

Read the article here



pursuant to New York DR 2-101(f)

© 2021 Manatt, Phelps & Phillips, LLP.

All rights reserved