Let's Get Physical - A Recent Trend Shows Physical Inventions Surviving §101 Challenges at the PTAB

The Patent Trial and Appeal Board hears many cases relating to the patent-eligibility of software patents. Recent Supreme Court cases have changed the landscape for such patents, leading to many §101 rejections at the application level, or §101 invalidity challenges at the post-grant level. In both appeals and validity challenges, however, the PTAB has recently held certain inventions to be patent-eligible based on the “physicality” of the invention.

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