What is subject matter eligibility?

What makes an invention eligible for patent protection? Not every new thing is patentable. A concept might be unique, and yet ineligible for patent protection. Subject matter eligibility refers to whether an invention is qualified for patent protection. You can think of patenting as satisfying at least two conditions: eligibility and uniqueness. If the subject […]

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Section 101 patent rejection: What is ineligible subject matter?

What does patent ineligible mean? Not everything is patentable. US courts have recently drawn a line between eligible versus ineligible subject matter for patent protection. The problem is that line hasn’t been very clear. A rejection under 35 USC Section 101 means that the patent examiner believes what is claimed is ineligible for patenting. Section […]

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