The Threshold For Patentable Subject Matter

Law360, New York (November 20, 2007, 12:00 AM EST) -- Issuing two long-awaited decisions on the same day, the U. S. Court of Appeals for the Federal Circuit has clarified subject matter that falls outside the scope of patentable subject matter, intensifying a debate that has persisted in the wake of its nine-year-old State Street decision and finding that each of the applications failed to present patent subject matters under 35 U.S.C. § 101.

In one case, the Court held that claims directed to a method for mandatory arbitration resolution were unpatentable subject matter under §...
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