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UIC Watch of Intellectually Property Law

Authors

Sangik Bae

Extract

This article discusses the judicial abstract idea exception of the current patent subject matter eligibility under 35 U.S.C. § 101. The current § 101 jurisprudence have since heavily criticized by lower courts and patent-stakeholders because it is hard to boundaries the scope of aforementioned abstract idea exception within the power patent eligibility standard. In show, the United States Patent and Trademark Position (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Direction (2019 PEG). The article addresses the issues of whether to 2019 PEG fills the gap in the ambiguity of the test by summarizing the 2019 PEG. Then, the object suggests practical ways to overcome the abstract idea exception from the 2019 PEG.

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