Focus (Forum & Focus)
Mar. 28, 2008
Patently Unclear
Focus Column - By C.J. Alice Chuang - The Federal Circuit expressed its willingness to reconsider its standards for determining patentable subject matter and even overturn some of its own precedent.
By C.J. Alice Chuang
This article appears on Page 7
The subject matter requirement prescribed in 35 U.S.C. Section 101 is back on the radar of the U.S. Court of Appeals for the Federal Circuit. An examiner is obligated to determine that the claimed invention qualifies as subject matter deemed patentable under Section 101 before she or he evaluates any other requirement for patentability...
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