Congress Should Restore Coarse Filter For Patent Eligibility

By Sarine Hagopian and Scott McBride (December 8, 2020, 4:28 PM EST) -- One of the most challenging jobs of a patent lawyer is to draft a claim. As patent lawyers, we are told that the language of the claim matters. 

Yet, the 2014 U.S. Supreme Court decision Alice Corp. v. CLS Bank International[1] and its progeny continue to invite courts to carve up claims and ignore actual claim language and claim elements, in order to test them for eligibility. The Nov. 10 U.S. Court of Appeals for the Federal Circuit opinion in C R Bard Inc. v. AngioDynamics Inc.[2] is yet another example of this.

Not only must every claim element find a written...

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