Patent Law 101 for Prophets: Comisky, Bilski and the Wild Blue Yonder

May 1, 2008 Published Work
Presented in Manhattan on April 30, 2008 at the 24th Annual Joint Patent Practice Seminar

As we patent lawyers know, Section 101 of the Patent Act of 1952 (herein "the '52 Act") is not the "end all and be all" in determining what is, and what is not, a patentable claim. Rather, it is a threshold consideration. If the claim passes muster under Section 101, then other considerations come into play, not the least of which is whether the claimed invention is, or is not, obvious under Section 103 of the '52 Act.