Today, the USPTO issued interim guidance on patent subject matter eligibility. The guidance calls for a two-part analysis for claims directed to judicial exceptions (laws of nature, natural phenomenon, or abstract idea). For details, see here.
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In DDR Holdings, LLC v. Hotels.com, L.P., the Federal Circuit held that the patents directed to systems and methods of generating a composite web page that combines visual elements of a host website with content of a third-party merchant were patent eligible subject matter. The court noted that the patents' asserted claims do not recite a mathematical algorithm, fundamental economic or longstanding commercial practice but rather address a business challenge. According to the majority, the claims do not merely recite a known business practice from the pre-Internet world but a solution to overcome a problem arising in the realm of computer networks.
Full text of the opinion is available here. |
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