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ARTICLE · 25 AUGUST 2020

Overcoming Section 101 Challenges Against AR And VR Inventions

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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Since the Alice decision in 2014, patent eligibility under Section 101 has become a serious concern for innovative leaders attempting to build a strong patent portfolio

United StatesIntellectual Property
Umber Aggarwal
Umber Aggarwal
Karthik Kumar, Ph.D.
Karthik Kumar, Ph.D.
Rajeev Gupta
Rajeev Gupta
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Since the Alice decision in 2014, patent eligibility under Section 101 has become a serious concern for innovative leaders attempting to build a strong patent portfolio directed to technology that includes software-related or data processing features, such as AR/VR technology. Because of the unpredictability and genuine threat of one's invention being deemed patent ineligible, the mere association of an invention to software or data processing may scare away potential investors, weaken leverage with potential licensees, and fail to intimidate competitors from infringing. Companies must proactively address potential Section 101 issues through careful and comprehensive patent application drafting that equips them with adequate detail and disclosures that can overcome concerns and provide strong rebuttal arguments.

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