federal court

Paul McCartney seeks

Return of Beatles song rights —

long and winding road

image
By Eddie Janssens – Wikiportrait, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=22094600

Paul McCartney is seeking to reclaim ownership of the copyrights to Beatles song.

The case is based on a little-known aspect of US Copyright law.

Under 17 U.S. Code § 304, there’s a “Termination of Transfers and Licenses” provision that reads:

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USPTO

Updates subject matter guide,

Helps examiners

By Tim Evanson from Washington, D.C., USA, United States of America - USPTO-Alexandria-2011-03-12_a, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=37051960 By Tim Evanson from Washington, D.C., USA, United States of America – USPTO-Alexandria-2011-03-12_a, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=37051960

 

The United States Patent Office (USPTO) recently issued its latest update to its guidelines on patent subject matter eligibility.

These guidelines help patent examiners decide whether or not the claims of a patent applicable describe an invention that’s actually eligible for a patent.

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Over at the 271 Patent Blog, Peter Zura summarizes Every Penny Counts, Inc. v. Bank of America Corp., 2-07-cv-00042 (M.D. Fla. May 27, 2009, Order) (Magnuson, J.). In this case, the district court holds that, under Bilski, the claimed system is not patentable subject matter under § 101.

In Every Penny Counts, the district court uses Bilski as Judge Newman predicted in her Bilski dissent: “each trial court… will have a blank slate on which to uphold or invalidate claims based on whether there are sufficient ‘meaningful limits'” imposed on the claim by the use of a particular machine.

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