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The Federal Circuit's Section 101 uncertainty

Peter Leung, Washington DC


The Federal Circuit has only found patents valid in one Section 101 appeal since the Supreme Court's Alice verdict. Frustrated IP practitioners are hoping the court will soon change from telling them what is not eligible to providing some guidance on what is. Peter Leung reports

The Federal Circuit's approach to Section 101 post-Alice and Mayo has confused and disappointed many. The two-step test articulated by the Supreme Court in those cases is much criticised, especially the second prong requiring that an invention covering laws of...


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