Recent Developments Relating to Subject Matter Eligibility Under 35 U.S.C. § 101

All new and useful inventions or discoveries are not eligible for patenting—the subject matter of the claimed invention must fall within the boundaries set forth in 35 U.S.C. § 101, which exempts innovations directed to laws of nature, natural phenomena, or abstract ideas (unless the claim includes additional limitations amounting to significantly more than the exempted subject matter). Section 101 concerns reach most of today’s technology, including medical devices, diagnostics, software-related technology such as AI, machine learning, and robotics, and even pharmaceutical treatments.

We will discuss concerns relevant to protecting your company’s products/services and evaluating the portfolios of others. We will also discuss how district courts are handling Section 101 challenges at both the motion to dismiss stage and at summary judgment, and provide an overview of emerging trends in Section 101 motions. To round out the discussion, corporate counsel from the life sciences and tech industries will share their insight on how these Section 101 issues are impacting their businesses.

Please join us as we address: 

• Federal Circuit decisions and USPTO guidance impacting electrical- and software-related inventions
• Recent Federal Circuit decisions concerning Section 101 in the field of life sciences, diagnostics, and pharmaceutical treatment
• Statistics and trends on how district courts are deciding Section 101 motions

Recorded: View On Demand

Moderator:
Ming Yang, Finnegan

Speakers:
Paul Barker, Finnegan
Aaron Capron, Finnegan
Robert McCauley, Finnegan