A Data Packet is Not Patentable

Ex parte Michael J. Pizzo et al.
Decided: March 23, 2009

Not surprising, the BPAI held a claim directed a data packet transmitted between two computer components was not patentable subject matter. The Board relied on Nuitjen.

Claim 57 of Pizzo's application recited:

A data packet transmitted between two or more computer components that facilitate database query registration, database change detection and database change notification comprising:

database query registration information, associated with a registered database query, stored in a queue, and employed to construct and transmit a change message utilized to route a database change notification.

The Examiner reject the claim under 101. The Board relied on Nuitjen and affirmed stating simply that:

Claim 57 is directed to a “data packet transmitted between two or more computer components.” We construe the “transmitted” data packet to encompass a signal which is not subject matter patentable under 35 U.S.C. § 101.

It should come as no surprise by now that unless your claim is directed to one of the four statutory categories the BPAI will take exception.