About the Authors

  • The Authors and Contributors of "Patent Docs" are patent attorneys and agents, many of whom hold doctorates in a diverse array of disciplines.
2018 Juristant Badge - MBHB_165
Juristat #4 Overall Rank

E-mail Newsletter

  • Enter your e-mail address below to receive the "Patent Docs" e-mail newsletter.

Contact the Docs


  • "Patent Docs" does not contain any legal advice whatsoever. This weblog is for informational purposes only, and its publication does not create an attorney-client relationship. In addition, nothing on "Patent Docs" constitutes a solicitation for business. This weblog is intended primarily for other attorneys. Moreover, "Patent Docs" is the personal weblog of the Authors; it is not edited by the Authors' employers or clients and, as such, no part of this weblog may be so attributed. All posts on "Patent Docs" should be double-checked for their accuracy and current applicability.
Juristat #8 Overall Rank


« PTAB Decides Patent Infringement Lawsuit Waives Eleventh Amendment Sovereign Immunity to Inter Partes Review | Main | Webcast on Patent Drafting for Machine Learning »

December 20, 2017


I am not certain that "overlooked" is the proper adjective given that such a word begs hindsight backwards through a time that was "clearly" muddled. Even today, there is NO clear vision on how 101 will be applied.

Who knows what will drive any particular district judge.

Who knows which panel one might draw at the CAFC (as law applied there has ping-ponged vigorously).

The lack of taking cert on cases that MAY provide clarity only guarantees a continued soupy morass.

It's up to Congress to clear this whole judge-made mess up.

Are they up for it?

Sadly, I am:

Rapid Litigation Management Ltd., v. Cellzdirect, Inc. certainly provided a glimmer of hope, but I'm less optimistic that diagnostic test claims could be successfully patterned after that precedent. In my experience, most examiners will deem the associated lab methods simply as routine and conventional, and dispose of that context to then conclude ineligibility once more.

Without revised 101, capriciousness will continue to reign.


Let me correct you: no matter the revision to 101, the (Supreme Court) capriciousness will continue to reign.

There IS a solution within the grasp of Congress (and it relies on the Constitutional power of jurisdiction stripping of non-original jurisdiction matters, and the fact that patent matters are NOT a matter of original jurisdiction for the US Supreme Court).

The comments to this entry are closed.

May 2024

Sun Mon Tue Wed Thu Fri Sat
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31