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Federal Circuit Holds a Business Method Claim Directed to a GUI to be Patent-Eligible—will the PTO Agree?

Federal Circuit Holds a Business Method Claim Directed to a GUI to be Patent-Eligible—will the PTO Agree?

It’s no secret the Federal Circuit and the United States Patent and Trademark Office (“PTO”) have been inconsistent when it comes to determining the patent eligibility of claims directed to software, leaving patent practitioners guessing as to whether their software-based inventions are patentable.  As it stands today, some district court judges and Federal Circuit panels have been very willing to find software-related inventions patent ineligible.  Recently, in the Trading Techs. Int’l, Inc. v. CQG, Inc.(“CQG”) decision, the Federal Circuit dealt, yet again, with the question of whether software claims were patent-eligible. In CQG, the CQG companies appealed the decision of the United States District Court for the Northern District of Illinois, which held the asserted claims of U.S. Patents No. 6,772,132 (’132 patent) and No. 6,766,304 (’304 patent) recited patent-eligible subject matter under 35 U.S.C. § 101.  The dispute originally arose when patent owner Trading Technologies International, Inc. (“TT”) asserted… Continue Reading

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