Section 101 in 2019
Jacob C. Jones, Matthew Rozier, and Andrew F. Halaby
2019 American Bar Association Section of Intellectual Property Law
Recent decisions move the Section 101 patent eligibility analysis ever closer to that of obviousness, confirming the concerns of many practitioners and further complicating the uncertainty of patent eligibility post-Alice. This paper summarizes the path that brought us here and provides practical strategies for practitioners navigating the Section 101 landscape.