The 101 Conundrum: Creating a Framework to Solve Problems Surrounding Interpretation of 35 U.s.c. § 101
نویسنده
چکیده
Section 101 cases are a particularly vexing subject for practicing patent attorneys, and are the subject of much contention and debate.1 In an effort to quell assertions of expansive, questionable patents, the Supreme Court has, in a series of landmark decisions, broadened the judicially created exclusions from patentable subject matter: abstract ideas, laws of nature, and naturally occurring substances.2 These recent efforts have spawned a “101 Conundrum,” in which courts struggle both to delineate the breadth of these categorical exclusions and preserve the integrity of the patent system. The Supreme Court has neglected to define these categories,3 and has rejected the Court of Appeals for the Federal Circuit’s (“CAFC”) attempt to provide bright-line clarity.4 With due respect, the Supreme Court’s § 101 jurisprudence is replete with inconsistencies and fails to provide practicing attorneys and judges with adequate guidance. Without guiding principles for adjudging patentable subject matter, judges and examiners may inject their personal views into deciding which patent claims5 merit protec-
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