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Expert Analysis

In-NO-vation: Patentable Subject Matter In The Courts

Law360, New York ( January 14, 2016, 10:21 AM EST) -- Since 2014, the U. S. Supreme Court's two-part "Alice test" for evaluating patent-eligible methods has been applied multiple times and in virtually all cases, courts are finding invalidity. The test operates by first identifying if there is a "abstract concept" or other judicial exception to patentable subject matter in a claim and then evaluating the remaining elements of the claim for "something extra" in the form of an "inventive concept. ". . .

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