About This Course
Patent-eligible inventions are typically a complex topic, one that 35 U.S.C. § 101 seems to make simple. Yet the US Supreme Court created a subjective two-part test as well as judicial exceptions, which complicated matters significantly.
Struggling to apply the two-part test consistently, courts have continued to use the test for the purpose of invalidating patent claims at the motion to dismiss state, without a requirement for the challenger to present evidence of invalidity.
This CLE course will review the Federal Circuit and Supreme Court cases as well as pose questions and identify trends to assist practitioners in determining whether a patent claim is patent-eligible.
