Perhaps emboldened by the Supreme Court’s Mayo, Myriad and Alice decisions, lower courts now appear ready and willing to find patents ineligible under 35 U.S.C. § 101 during the initial pleading stage.
To patent or not to patent. That is the question … at least it has been for the past two years as the courts have been offering up differing opinions on the matter.
Relatively hot on the heels of its 2010 ruling in Bilski v. Kappos that applied the machine-or-transformation test to business method patents before determining that such a test could create uncertainty regarding the patentability of things such as diagnostic medicine techniques, the Supreme Court tackled a similar issue earlier this...