Law360, New York ( October 7, 2016, 9:53 AM EDT) -- In recent months, there has been a drumbeat of criticism regarding the current jurisprudence for determining patent eligibility under 35 U.S.C. § 101.[1] Perhaps most notably, David Kappos — former director of the U.S. Patent and Trademark Office — called for Section 101 to be abolished entirely.[2] According to Director Kappos, the current jurisprudence on Section 101 is "an 'I know it when I see it' test ... we're now seeing real chaos."[3]...
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