A Undesirable Working day For This Patent Applicant: Journey Itinerary Applications Ineligible Below Area 101 – Intellectual Property

Domenica Philio

&#13 &#13 United States: &#13 &#13 A Terrible Day For This Patent Applicant: Journey Itinerary Applications Ineligible Beneath Section 101&#13 &#13 15 June 2021 &#13 Holland & Knight&#13 &#13 To print this report, all you need to have is to be registered or login on Mondaq.com.&#13 In the scenario of In […]

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United States: &#13
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A Terrible Day For This Patent Applicant: Journey Itinerary Applications Ineligible Beneath Section 101&#13

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To print this report, all you need to have is to be registered or login on Mondaq.com.&#13

In the scenario of In re Bongiorno, No.&#13
2020-1835, 2021 WL 1997454, at *4 (Fed. Cir. May perhaps 19, 2021), patent&#13
applicant James Bongiorno appealed the Patent Trial and Attraction&#13
Board’s (PTAB) getting that two of his patent programs were being&#13
directed to patent-ineligible matter make a difference underneath Portion 101.&#13
Every single software linked to “arranging and executing a holiday vacation&#13
or vacation itinerary, and more significantly to computer software and a&#13
moveable digital unit, which may perhaps be committed to these planning&#13
and journey guidance at the spot.”

The programs explained that tourists usually employed&#13
constrained-purpose units, like the International Positioning Method (GPS),&#13
journey internet sites, planners, guidebooks and multimedia players, but&#13
the claimed invention mixed “all of the functionality of&#13
the guides and electronic gadgets which might want to be used in&#13
scheduling and richly encountering a vacation overseas into a single exquisite&#13
and sensible planning/touring unit, with effective features to&#13
increase everyone’s holiday expertise.”

At Alice  action 1, the U.S. Court of Appeals&#13
for the Federal Circuit agreed with the PTAB when it identified&#13
that the promises have been directed to “organizing and executing a&#13
trip or journey itinerary,” which was efficiently a technique&#13
of organizing human activity – an abstract thought. Bongiorno&#13
argued that the claimers ended up directed to enhanced technologies, but&#13
the Federal Circuit disagreed: the declare restrictions “recited&#13
not ‘inventive programming’ but ‘simply preferred&#13
benefits.'”

At Alice  stage two, the Federal Circuit once again&#13
agreed with the PTAB and uncovered that the recited things (e.g., a&#13
databases, a viewing display screen) did not amount of money to noticeably much more&#13
than the abstract notion itself: “The features amounted simply&#13
to implementing the summary idea working with generic pc elements&#13
doing plan personal computer features.”

Appropriately, the Federal Circuit held that the patent&#13
applications ended up ineligible below Area 101.

A agent assert from the applications is beneath:

A travel itinerary system comprising:

a housing

a non-transitory computer-readable system storage medium&#13
owning laptop or computer readable software code embodied therein, explained&#13
personal computer readable code remaining configured for arranging of a vacation&#13
itinerary

a database of journey information, relating to a location,&#13
saved in said non-transitory personal computer-readable application storage&#13
medium

a viewing monitor

a processor for executing mentioned personal computer readable code, claimed&#13
pc readable code comprising recommendations for accessing reported&#13
databases of info on reported non-transitory laptop-readable&#13
program storage medium, and for causing displaying, on reported viewing&#13
screen, of 1 or far more impression screens allowing selective setting up&#13
of reported journey itinerary

a strategy itinerary button, an alter itinerary button, and 1&#13
or much more additional buttons configured, when toggled, for&#13
speaking a collection, from between a plurality of solutions&#13
shown within stated a person or extra picture screens, to stated processor,&#13
and for allowing selective entry of just one or extra&#13
people

wherein reported selective planning comprises actuating reported&#13
strategy itinerary button for triggering exhibiting of a very first image&#13
display by said instructions, mentioned 1st impression display configured for&#13
deciding upon a 1st itinerary template and one particular or more additional&#13
itinerary templates from amid a plurality of said added&#13
templates, said very first itinerary template comprising a template for&#13
entering of a amount of times for said itinerary, an arrival town&#13
and a departure town, and for picking of one of a plurality of&#13
graduated amounts of a tour schedule intensity, each of claimed&#13
graduated stages of said tour timetable depth comprising a vary&#13
of hrs for touring for every single of stated quantity of days every single of explained&#13
plurality of extra itinerary templates comprising a respective&#13
list of internet sites relating to a category of reported supplemental template,&#13
with a portion of reported list of sites in each and every reported picked just one or&#13
extra supplemental itinerary templates being used to form a full&#13
journey itinerary, reported comprehensive vacation itinerary comprising a&#13
sequence of websites, for just about every of mentioned variety of times, with explained&#13
sequence of sites staying optimized to include things like as many web pages as&#13
possible in claimed selection of touring hours, for touring at the&#13
place

whereby claimed selective preparing further more includes reported alter&#13
itinerary button configured for producing displaying of a customizing&#13
picture monitor, reported customizing picture screen allowing, but not&#13
necessitating, customizing of stated sequence of internet sites of stated complete&#13
itinerary, using selective obtain to stated database of journey&#13
details, for producing a custom made sequence of web pages for a&#13
total custom made journey itinerary and

whereby mentioned computer readable code is configured for&#13
retrievably storing mentioned selective setting up within just said method&#13
storage medium and

a use itinerary button, stated use itinerary button&#13
configured, when actuated, for producing exhibiting of a assistance&#13
display screen configured for communicating with a GPS receiver for&#13
furnishing direction during executing of stated journey itinerary at the&#13
desired destination, said steerage comprising giving instructions to any&#13
of stated sequence of web pages from a current area of reported travel&#13
itinerary unit.

The content of this posting is supposed to offer a basic&#13
tutorial to the issue matter. Specialist advice should be sought&#13
about your unique conditions.

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