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
- Stewart Rejects Motorola’s Argument that Director Reviews Applied New Fintiv Guidance Retroactively
- Perlmutter Says Trump’s Attempt to Remove Her as Register is ‘Blatantly Unlawful’ and Has No Effect
- Brazil: Senate Advances Discussions on Bill to Regulate AI Use
- ITC Asks Federal Circuit to Redo Lashify Ruling on Domestic Industry Interpretation
- Squires Calls for ‘Born Strong’ Patents in Light of USPTO’s Dire ‘Defective’ Patent Rate