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ARTICLE · 15 OCTOBER 2025

Another Bite At The Apple For Software-Implemented Diagnostics?

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A recent court case in the Eastern District of New York is a great example of "another bite at the apple" of patent subject matter eligibility.

United StatesIntellectual Property
Christine McCarthy
Christine McCarthy
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A recent court case in the Eastern District of New York is a great example of "another bite at the apple" of patent subject matter eligibility. This, hopefully, is the time to recognize that software and artificial intelligence-related tools are technically valuable and much more than the automation of human activities.

For the last thirty years, inventors have faced unique challenges in patenting imaging methods and equipment used to diagnose the need for dental and prosthetic implants. The conventional field has been crowded with pre-existing patents covering basic principles of imaging technologies — such as X-rays, CT scans, and 3D modeling. As a result, applicants seeking protection for new developments often struggle to demonstrate novelty and non-obviousness to the U.S. Patent and Trademark Office (USPTO).

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