Petition of the day
on Jul 3, 2017 at 10:22 pm
The petition of the day is:
16-1288
Issues: (1) Whether the inquiry under 35 U.S.C. § 101 requires courts to ignore the specification, as the United States Court of Appeals for the Federal Circuit held, or whether courts should ascertain the true scope of the claims in light of the specification and intrinsic record in determining whether they are drawn to a patent-ineligible concept; and (2) whether an otherwise revolutionary technological breakthrough is not an “inventive concept” under the second step of Alice Corporation Pty. Ltd. v. CLS Bank International merely because the court believed the breakthrough could theoretically be implemented without a computer.
