- Introduction
We wrote earlier about the Supreme Court's renewed interest
in patent eligibility and seemingly unintended confusion between
the patent eligibility requirements of 35 U.S.C. § 101 and the
remaining patentability requirements under Title 35. To
paraphrase Judge Rich, whether we lawyers would take advantage of
terminology available to us and stop talking nonsense is up to
us. Principles of Patentability, Geo. Wash. L. Rev.,
28(2), 393-407, 407 (1960). We tried to heed his guidance and
aimed to be careful to differentiate between eligibility under
§ 101 and the remaining requirements of patentability.
Since our article, there has been significant commentary and angst
regarding the failure of the courts to so differentiate, at least
with respect to patent eligibility and the requirements of
§§ 102 and 103. But there has been less
attention paid to possible changes in the relationship between
§ 101 and § 112, so we address the relationship
of those
