Can an Article of Manufacture be an Abstract Idea?
March 29, 2023
- Christopher J. McDonald
Recent decisions indicate an expansion of claims that will be analyzed for rejections under 35 USC § 101. In claims reciting properties of a material resulting from the process of making the material, the claims are evaluated for whether the claims are directed to an abstract idea or law of nature. The claims and reasoning of this decisions is discussed against precedent for claims having these types of limitations.