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An Attempt To Make Sense Of The Nonsensical: Patent-Eligibility (35 U.S.C. § 101)

SKU: IP8900
Total Credits
1 - 1.58
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35 U.S.C. § 101 appears clear on its face as to what inventions are patent-eligible. However, the U.S. Supreme Court has created judicial exceptions and a subjective two-part test. Courts have struggled to apply the two-part test consistently and they continue to use the test to invalidate patent claims at the motion to dismiss stage without the challenger having to provide any evidence of invalidity.

This CLE looks at various Supreme Court and Federal Circuit cases, poses thought-provoking questions, and attempts to identify trends that may help a practitioner determine whether a patent claim likely contains patent-eligible subject matter.

Lecturer Bio

Richard C. Weinblatt , Esq.

Richard C. Weinblatt began working with intellectual property over 20 years ago and has been a registered patent agent since 2000. Mr. Weinblatt's practice focuses on patent litigation and appellate work. For example, he represented Visual Memory, LLC before the U.S. District Court and Federal Circuit.

He successfully argued for the reversal of the district court's dismissal on the basis of 35 U.S.C. § 101 in Visual Memory, LLC v. NVIDIA Corp. (Fed. Cir. 2017). IPWatchdog identified Mr. Weinblatt's victory at the Federal Circuit as one of the "most noteworthy decisions from 2017."

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