Aatrix, Berkheimer And The Future Of Patent Eligibility

Law360 (September 28, 2018, 1:31 PM EDT) -- One of the hottest and most controversial topics in patent law in recent years has been the question of patentable subject matter: Exactly what innovations can be patented?

Under the current state of the law, the two-part Alice/Mayo test is used to evaluate a patent claim’s subject matter eligibility under 35 U.S.C. § 101. This test first asks whether the claim is “directed to a patent-ineligible concept.” If answered in the affirmative, this does not mean that a claim is necessarily rejected; the test next asks whether the claim’s “additional elements ‘transform the nature of the claim’ into a patent-eligible application.”[1]...

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