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WURC vs. WORK: The Evidentiary Asymmetry Between § 101’s “Inventive Concept” and § 103’s Obviousness Framework
On February 6, 2026, the Federal Circuit affirmed summary judgment of invalidity under 35 U.S.C. § 101 for all asserted claims across six patents in Innovaport LLC v. Target Corp., No. 24-1545 (Fed. Cir. Feb. 6, 2026) (nonprecedential). The patents claimed systems and methods for providing product location information within a retail store: receiving a customer’s query, searching a database containing product locations and related information, and returning results that included cross-referenced product suggestions. The court found the claims directed to the abstract idea of “collecting, analyzing, retrieving, and displaying information” at Alice step one, then concluded at step two that the additional elements added no “inventive concept.”
USPTO Launches “Streamlined Claim Set” Pilot Program — Opportunity for Faster First Office Actions
The United States Patent and Trademark Office (USPTO) has introduced a new Streamlined Claim Set Pilot Program designed to expedite examination of qualifying utility patent applications. The program aims to reduce pendency and improve examination efficiency by focusing examiner resources on concise, clearly structured claim sets.
USPTO Launches Automated Search Pilot Program — SLW Insights
The United States Patent and Trademark Office (USPTO) has announced the Automated Search Pilot Program (ASAP!), launching October 20, 2025. This initiative marks a significant step in the agency’s adoption of AI tools to improve patent examination efficiency and transparency.
USPTO’s August 2025 Memo: A Potential Boost for AI and Software Patents
On August 4, 2025, the USPTO issued a subject matter eligibility memorandum aimed at examiners in key technology centers handling AI and software inventions. The memo makes clear that it is not intended to announce new policy or procedure but rather to reinforce longtime guidance under 35 U.S.C. § 101.