In their recent Inventors Digest article, Knobbe Martens lawyers Alistair McIntyre and Tom Cowan examine key developments in Section 101 patent eligibility, and offer practical guidance for inventors navigating complex patent eligibility issues.
McIntyre and Cowan offer a focused overview of Section 101, including the Supreme Court’s landmark 2014 decision in Alice Corp. v. CLS Bank, which dictates current patent eligibility standards. The authors also explore how Section 101 jurisprudence has affected innovation-focused industries over the last decade, including software, biotech, business methods, and fintech.
Looking ahead, McIntyre and Cowan discuss the pending Patent Eligibility Restoration Act (PERA), and recent guidance from the USPTO that sheds light on the future of patent eligibility. In light of these developments, they share a few actionable strategies for protecting patent-eligible innovations despite ongoing uncertainty.
Read the full article “The 101 on Section 101” in Inventors Digest here.
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