Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest

§ 101 Eligibility

Section 101 defines what may be patented at all, and excludes abstract ideas, laws of nature, and natural phenomena. Under the two-step framework from Alice and Mayo, a court first asks whether a claim is directed to one of those excluded concepts, and if so whether the claim elements, considered individually and as an ordered combination, add an inventive concept sufficient to transform it into a patent-eligible application. The inquiry is a question of law that may rest on underlying factual findings, which means it can be resolved on the pleadings in some cases and requires evidence in others. The opinions here address eligibility at every procedural stage, from motions to dismiss through appeal.

410 opinions and orders, showing 1–200.