The Next Step In Patent Eligibility: 'Abstract' Physical Devices

Law360 (April 29, 2020, 3:36 PM EDT) -- The U.S. Supreme Court's 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories Inc. and 2014 decision in Alice Corp. v. CLS Bank International set off a cascade of patent eligibility challenges under U.S. Code Title 35 Section 101 that continues today.

Even after more than five years of follow-on opinions by the lower courts, the law of patent eligibility remains active and unsettled. There were more than 25 eligibility opinions from the U.S. Court of Appeals for the Federal Circuit in 2019 alone. 

Now, courts are applying the "abstract ideas" exception of Section 101 to invalidate claims directed to physical devices...

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