Proposed Shift to Two-Part Preemption Test Aims to Clarify U.S. Patent Eligibility Criteria

Subject matter eligibility under Title 35 of the U.S. Code, Section 101, has long been a challenging area for patentees due to arbitrary and inconsistent judicial reasoning. These challenges have created complications for patent holders and applicants alike. In an opinion by Manav Das at McDonnell Boehnen, it is suggested that a shift to a two-part preemption test could bring a more coherent alignment among patent applicants, the U.S. Patent and Trademark Office, and the courts. Such a move is posited to potentially streamline the patent eligibility assessment process and reduce ambiguity. Read more.