Narrowly construing the § 101 eligibility exception for abstract ideas is not only suggested by Supreme Court guidance, but also could potentially allow for increased coherence and consistency while simultaneously serving to solicit further Supreme Court guidance on eligibility. Even if the bright-line eligibility prohibition is construed narrowly, § 101 can still serve to police claiming at a level of abstraction that results in overbroad claiming.
The post Narrowly Construing the Bright-line Eligibility Prohibition Does Not Prevent Policing of Overbroad Claiming appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Other Barks & Bites for Friday, September 6: House Version of PERA Introduced; Judicial Council Confirms Extension of Newman Suspension; OpenAI Asks Court to Dismiss Claims and Focus on Fair Use in Copyright Battle
- How to Satisfy Constitutional and Statutory Standing Requirements in Patent Infringement Actions
- Book Publishers Win at Second Circuit: Internet Archive’s Free Library is Not Fair Use
- Trump Ordered to Halt Use of Isaac Hayes Song
- SoftView Petitions Full Federal Circuit to Rehear Decision on Patentee Estoppel at USPTO