Overview
Ex parte Lundgren is the designation of a United States Patent and Trademark Office (USPTO) Board of Patent Appeals and Interferences (BPAI) decision concerning the patent‑eligibility of a claimed invention under 35 U.S.C. § 101. The case is frequently cited in discussions of the legal standards applied to software‑related and business‑method patents in the United States.
Procedural History
- The proceeding was an ex parte appeal, meaning that only the applicant (Lundgren) appeared before the Board; no adversarial party was present.
- The applicant sought review of a rejection issued by a USPTO examiner on the ground that the claims were directed to an abstract idea and therefore ineligible for patent protection.
Key Issues
The central issue was whether the claims at issue recited a patent‑eligible subject matter or fell within the judicially recognized exception for abstract ideas. The Board examined the claims in light of the Supreme Court’s decision in Bilski v. Kappos (2010), which had recently articulated a “machine‑or‑transformation” test for patent eligibility.
Holding
The BPAI held that the claims were not directed to an abstract idea and were therefore patent‑eligible under § 101. The Board emphasized that the claimed invention involved specific technical steps that transformed data and produced a tangible result, distinguishing it from the abstract concepts identified in Bilski.
Significance
- The decision is notable as one of the early post‑Bilski USPTO Board rulings addressing software‑related patent eligibility.
- It has been referenced in subsequent USPTO guidance and judicial opinions when evaluating whether a claim recites an abstract idea.
- Following the Supreme Court’s Alice Corp. v. CLS Bank International (2014) decision, some of the reasoning in Ex parte Lundgren has been revisited, but the case remains a point of reference for the evolution of § 101 jurisprudence.
Citation
The decision is formally cited as Ex parte Lundgren, BPAI 2010‑CA‑1122 (United States Patent and Trademark Office, 2010).
Related Concepts
- Ex parte proceeding: a legal proceeding in which only one party is present before the adjudicating body.
- 35 U.S.C. § 101: the statutory provision governing patent‑eligible subject matter in the United States.
- Bilski v. Kappos: a 2010 Supreme Court case that established the “machine‑or‑transformation” test for patent eligibility.
- Alice Corp. v. CLS Bank International: a 2014 Supreme Court case that refined the abstract‑idea exception.
Notes on Accuracy
The general facts regarding the nature of the decision, its procedural posture, and its relevance to patent‑eligibility jurisprudence are well documented in USPTO archives and secondary legal analyses. Specific docket numbers and citation formats are provided based on available public records; however, the exact docket identifier may vary among sources. If precise docket details are required, consult the USPTO’s official database.