Yes, you can still sue on a different valid issued patent after this ruling. You cannot sue on the rejected bartering claims themselves. In re Wenkman is a Patent Office appeal over a request for a bartering patent. The U.S.
Court of Appeals for the Federal Circuit decided it on Oct. 28, 2026, according to the October 28 opinion. The decision affirmed rejection of all 20 claims in application No. 18/424,833 for computer-implemented bartering of groceries for silver and gold.
Table of Contents
- What did the court actually decide?
- Why did the bartering claims fail patent eligibility?
- Can you still sue for infringement?
- What should you verify before filing?
What did the court actually decide?
This case refused a patent application. It did not wipe out an issued patent.
The Federal Circuit listing marks the appeal as nonprecedential. It names pro se applicant Gregory Wenkman as the losing applicant. Other owners keep their own issued patents.
Why did the bartering claims fail patent eligibility?
USPTO examiners use the same Alice/Mayo two-part test under MPEP 2106. They reject claims to abstract ideas, laws of nature, or natural phenomena without significantly more. IPWatchdog reported the court called representative claim 1 the fundamental economic practice of bartering, as described in the IPWatchdog report. That made it an abstract idea under step one. At step two, Patent Litigator summarized the court as finding only generic computers, cards, and devices used for basic functions.
That use did not turn the idea into a patent-eligible invention. Justia's Supreme Court summary gives a parallel example. Intermediated settlement on a generic computer is abstract under Alice Corp. v. CLS Bank, 573 U.S. 208 (2014).
Can you still sue for infringement?
A patent-infringement suit is a lawsuit over unauthorized use of an issued patent. Sierra IP Law explains that a suit under 35 U.S.C. Section 271 needs a valid, enforceable issued patent, as stated in the patent enforcement guide. A pending application alone cannot support suit.
The limit is claim-specific. Owners of different issued patents that improve computer function may still sue. The same holds for patents that improve another technical field. Wenkman cannot sue on these rejected barter claims, per the Supreme Court petition discussion of Alice eligibility in the February 2022 petition discussion.
What should you verify before filing?
Start with your own paperwork, not this ruling. Your rights turn on what you own and what your claims cover.
Under the enforcement rule described by Sierra IP Law, a pending application alone cannot support suit. Bring your patent number and claim language to a licensed patent attorney before paying a filing fee.
- Confirm you hold a valid, issued patent, not only an application
- Match the accused activity to your specific issued claims
- Keep ownership records, claim language, and dates of use together