In recent years, the U.S. Supreme Court has significantly shifted its attention in patent cases to the law regarding patent-eligible subject matter under 35 U.S.C. §101, making it more difficult to obtain and enforce patent protection for computer- and life-science- related technologies. Section 101 precludes patent protection for particular subject matters—i.e., laws of nature, natural phenomena and abstract ideas—and the Supreme Court’s precedent has extended this exclusion to many cutting-edge technologies. Stakeholders have become alarmed that patent protection for foundational technologies is in jeopardy. Their concern is well founded.
Very few courts have upheld the validity of patent claims directed to computer-related technologies since the Supreme Court’s shift. In fact, many district court judges have dismissed cases based on patent ineligibility even before the claim language has been construed or any facts considered. Similarly, life science patents have been held invalid as covering laws of nature or natural phenomena.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
