Achieving success in overcoming rejections under 35 U.S.C. § 101 and the Mayo/Alice patent-eligibility test is no different than achieving success in other areas of law – or life – draw lessons from those that have gone successfully before you. In that spirit, the National Association of Patent Practitioners (NAPP) has put together a list of over 300 patents whose file histories mention the Supreme Court’s Alice decision. (You have to join NAPP to get access.)
A perusal of this list is a helpful reminder that the death of software and business methods patents has been somewhat (if not greatly) exaggerated. To give you an idea, here is a selected sample of titles of patents that have issued in just the last few months – after Alice and the specter of Section 101 patent-ineligibility was raised during prosecution.
Pat. No. |
Title |
9569750 |
Utilizing a Social Network Account to Provide Additional Functionality to a Gaming Network Account |
9575205 |
UNCERTAINTY-BASED FREQUENCY-SELECTED INVERSION OF ELECTROMAGNETIC GEOPHYSICAL DATA |
9576431 |
Systems, Apparatuses and Methods for Enhancing Gaming Experiences |
9581624 |
CORONA AVOIDANCE ELECTRIC POWER LINE MONITORING, COMMUNICATION AND RESPONSE SYSTEM |
9582489 |
Orthographic Error Correction Using Phonetic Transcription |
9582551 |
METHOD AND APPARATUS FOR COLLECTION, DISPLAY AND ANALYSIS OF DISPARATE DATA |
9582815 |
SYSTEM AND METHOD FOR TARGETING USER INTERESTS BASED ON MOBILE CALL LOGS |
9588241 |
FREQUENCY-VARYING FILTERING OF SIMULTANEOUS SOURCE SEISMIC DATA |
9589295 |
PURCHASING SYSTEMS AND METHODS |
9589535 |
SOCIAL MOBILE GAME FOR RECOMMENDING ITEMS |
9592449 |
A GAMING SYSTEM AND METHOD OF GAMING FOR CONTROLLING THE DISPLAY OF APPEARANCE CHARACTERISTICS OF AN AVATAR |
9595271 |
COMPUTER SYSTEM EMPLOYING SPEECH RECOGNITION FOR DETECTION OF NON-SPEECH AUDIO |
9596004 |
METHOD AND SYSTEM OF COMMUNICATING PERSONAL HEALTH DATA IN A NEAR FIELD COMMUNICATION ENVIRONMENT |
9600838 |
PROVIDING ELECTRONIC CONTENT IN ASSOCIATION WITH A REQUEST FOR PHYSICAL CONTENT |
9619492 |
DATA MIGRATION |
9619969 |
USING PLAYER INFORMATION IN WAGERING GAME ENVIRONMENTS |
9622324 |
GEOLOCATION AID AND SYSTEM |