McDonnell Boehnen Hulbert & Berghoff LLP attorneys Richard A. Machonkin and John M. Schafer co-authored an article entitled, “Navigating the Murky Morass of Section 101” that appears in the July 5, 2012 edition of Law360.com. What qualifies as patentable subject matter? In theory, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” qualifies for patent protection. According to the Supreme Court, 35 U.S.C. § 101 essentially allows a person to receive a patent for any man-made invention. However, while § 101 may act as a “coarse eligibility filter,” it is not without boundaries. View the article
