Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case

The Supreme Court is considering a petition in a §101 case, in which the Federal Circuit split six-to-six in denying rehearing en banc, and in which the Supreme Court recently called for the views of the Solicitor General.

7 minute read August 01, 2021 at 12:05 AM
By
Eric Alan Stone and Catherine Nyarady
Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case

Section 101 of the Patent Act defines the subject matter that is eligible for patenting. Nearly 10 years ago, in Mayo and Alice, the Supreme Court established a two-step test for eligibility under §101.

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