From at least 1980 until recently, the trend was that the Court of Appeals for the Federal Circuit (CAFC) and the U.S. Supreme Court had been expanding the scope of patentable subject matter in the U.S. under 35 U.S.C. §101 ("Section 101") to include Living Organisms, Computer Software, and Business Methods. However, some CAFC judges may believe that the pendulum of patentable subject matter has swung too far, particularly in the burgeoning area of business method patents.
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En banc Federal Circuit to revisit the scope of patentable subject matter: will business method patents survive?
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