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Intellectual Property Litigation Patent Licensing and Transactions Patent Litigation Regulation

Patent Eligibility Remains Uncertain — Especially for the Life Sciences — Even After Recent Federal Circuit Decisions and Efforts By the USPTO to Bring Clarity

Part One of a Two-Part Article

Congress is empowered to create a patent system to promote the useful arts, and it has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter.

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The U.S. Constitution empowers Congress to create a patent system to promote the useful arts, and Congress has enacted laws to create a patent system that encourages innovation. Balancing that power, however, the courts in recent years have tried to rein in the scope of the patent right by limiting the scope of patent-eligible subject matter under 35 U.S.C. §101.

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