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« ABA IP Law Section Sends Section 101 Revision Proposal to USPTO Director Lee | Main | Presentation on Patent Exhaustion Doctrine »

March 30, 2017


As usual in recent section 101 jurisprudence, the court has omitted to. arguably falls within the eligible process category.

The mere fact that it is called a process arguably does not suffice. The steps as a whole produce no new and transformative result.

On the whole, lack of affirmative eligibility is a sounder ground of objection than mere abstraction and should be considered first.

I should have said that the court should have considered whether the claimed subject matter arguably falls within the process category of section 101.

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