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 has been heavily criticized by lower courts and patent-stakeholders because it is hard to delineate the scope of the abstract idea exception within the current patent eligibility standard. In response, the United States Patent and Trademark Office (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). This article addresses the issue of whether the 2019 PEG fills the gap in the ambiguity of the test by summarizing the 2019 PEG. Then, the article suggests practical ways to overcome the abstract idea exception under the 2019 PEG.
Sangik Bae & Nora Fitton, Overcoming Abstract Idea Exception of Patent Subject Matter Eligibility under 2019 Revised Patent Subject Matter Eligibility Guidance, 18 J. Marshall Rev. Intell. Prop. L. 382 (2019)