Ji Mao is an Associate in Holland &
Knight's
New York office
Anthony Fuga is a Partner in Holland &
Knight's
Chicago office
Earlier this month, the Patent Trial and Appeal Board (PTAB)
designated as informative four of its decisions applying the newest
patent eligibility framework. This new eligibility framework, based
on the United States Patent and Trademark Office's
guidance which took effect in January of this year, is meant to
clarify when an abstract idea is and is not eligible for patent
protection under Section 101 of the Patent Act.
"Informative" decisions are not binding on PTAB judges,
but do represent the PTAB's "general consensus on
recurring issues."
Because abstract ideas, laws of nature, and natural phenomenon
"are the basic tools of scientific and technological
work," the Supreme Court has expressed concern that
monopolizing these tools by granting patent rights may impede
innovation rather than promote it. Under the new framework, the
PTAB
