On March 1, 2018, the PTAB concurred with DynaEnergetics' assertion, and ruled the challenged claims unpatentable
In the final written decision, the Board found the claims to be unpatentable
under all grounds.
In its decision, the PTO concluded that Argentum "satisfied its burden of demonstrating, by a preponderance of the evidence, that the subject matter of claims 1-20 would have been obvious," and therefore ordered "that claims 1-20 are held unpatentable
Had there been a patent office, it might have ruled, as courts do now, that mathematical advances uncover pre-existing knowledge rather than create anything new - and are hence unpatentable
On May 12, 2017, the USPTO upheld the claims of Avid's 309 Patent, but found the claims of the 808 Patent unpatentable
Avita holds that all claims in the '430 patent are unpatentable
and should be cancelled.
Mayo challenged the validity of the patent, and the Court held that this diagnostic method was unpatentable
The line between patentable and unpatentable
subject matter is
The Supreme Court's Alice decision created a two-part test: a claim is unpatentable
if first, it is directed to an abstract idea, and second, fails to embody an inventive concept.
Gene patents have been ruled unpatentable
by the US Supreme Court if they depend only on natural phenomena, including sequences found in nature.
11) But it quickly moves on to discuss unpatentable
products rather than unpatentable
principles without a word about the relationship between the two.
The first interpretations have taken a hard line on defining when an idea is "abstract" and therefore unpatentable
when implemented on a general-purpose computer.