The Evolving Hurdle of Patentable Subject Matter

, New York Law Journal

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Scott D. Locke, a partner at Dorf & Nelson, writes: Last spring, in a much publicized and much criticized case, the Court of Appeals for the Federal Circuit set out to resolve how to apply the standard of patentable subject matter to claims that were directed to certain methods for conducting business, and computer-readable media and systems that implement these methods. However, rather than providing clarity, the court introduced more uncertainty into what was already a murky area of patent law, rendering five separate opinions, none of which were signed by a majority of judges.

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