In response to online debate over whether the new Patent Trial and Appeal Board may consider patentability challenges under 35 U.S.C. § 101 in post-grant review or covered business method review proceedings, U.S. Patent and Trademark Office (USPTO) Director David Kappos recently explained the office’s interpretation of the relevant America Invents Act provisions. According to Kappos, because § 101 is a “condition for patentability” under U.S. Supreme Court and Federal Circuit precedent, the board may consider patentability challenges in post-grant reviews and covered business method reviews. He notes that the legislative history supports this view. See Director’s Forum: David Kappos’ Public Blog, September 24, 2012.