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Section 101 Patent Eligibility Toolkit
Practical Law Toolkit w-010-2764 (Approx. 9 pages)
Section 101 Patent Eligibility Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
A collection of resources concerning patent subject matter eligibility under 35 U.S.C. § 101, including resources to assist counsel with patent eligibility core principles and key case law, responding to eligibility rejections during US Patent and Trademark Office (USPTO) patent prosecution, addressing eligibility issues during post-grant proceedings at the Patent Trial and Appeal Board (PTAB), and litigating Section 101-based dispositive motions in district court.
This Toolkit provides continually maintained resources discussing patent eligibility issues under 35 U.S.C. § 101 to help counsel:
- Understand and evaluate the core principles and key case law governing patent eligibility, including:
- US Patent and Trademark Office (USPTO) examination guidance on Section 101 issues; and
- key court decisions addressing Section 101 from the US Court of Appeals for the Federal Circuit (Federal Circuit) and US Supreme Court.
- Respond to patent eligibility rejections during patent prosecution at the USPTO.
- Make and rebut patent eligibility arguments during post-grant proceedings at the Patent Trial and Appeal Board (PTAB).
- Litigate Section 101-based dispositive motions in district court.