U.S. Patent Eligibility Muddle Sets It Apart From Other Countries

Ericsson Inc. has patented a media coding invention in more than 90 countries—but in the U.S., patent examiners needed some convincing it was eligible for protection.

Ericsson’s application was rejected multiple times, with questions about whether it met eligibility criteria in U.S. patent law. Its patent attorneys had to rework the claims and wrangle with the agency.

According to Ericsson, an examiner eventually allowed the patent, but suggested it was a coin flip whether the patent would survive an eligibility challenge in court.

Ericsson’s experience, which it described in response to a request by the patent office for comments on ...