Section 101 Challenges Allowed In AIA Proceedings: Kappos

Law360, New York (September 25, 2012, 9:11 PM EDT) -- Wading into a debate over the scope of patent challenges under the America Invents Act, U.S. Patent and Trademark Office Director David Kappos said Monday that post-grant review petitions may argue that a patent covers natural phenomena or abstract ideas that are not eligible for a patent.

Writing on his blog on the USPTO website, Kappos responded to recent posts on patent blogs questioning whether challenges brought under Section 101 of the Patent Act, which sets limits on patent-eligible subject matter, are allowed in the AIA's...
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