If the claim is directed to an abstract idea, then abstractness is an essential property of the claimed subject matter as a whole. As such, a claim directed to an abstract idea cannot be transformed to possess non-abstractness by whether or not it embodies an inventive concept, since whether the inventive concept is inventive or not depends upon when the concept was conceived, which is an accidental property rather than an essential property of the claimed subject matter… Mayo may make sense for natural laws and physical phenomena but given the very different nature of abstract ideas the test logically falls apart when one thinks they can turn something that is by its fundamental nature abstract into something that is not abstract.
The post Abstractness is not the malleable concept the Supreme Court thinks appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- IP as a Force for Good: A Conversation with WIPO Director General Daren Tang
- Stewart Defends Hands-On Approach as Squires Confirmation Looms
- Former USPTO Solicitor Urges Squires Confirmation, Accuses Acting Director of Overreach
- Other Barks & Bites for Friday, September 12: Novartis Loses Challenge to IRA Drug Price Negotiation Program; Lutnick Wants a Share of University IP Licensing; and EUIPO Announces First Copyright Conference
- Government Taking a Cut of University Royalties Would Threaten Bayh-Dole’s ROI