Patent Law Article Written by Attorney Nicole O’Hara Published in PA Bar Newsletter
Attorney Nicole O’Hara recently wrote an article entitled ‘Patent-Eligible Subject Matter: One Section (101) to Rule Them All‘ that was published in the Pennsylvania Bar Association’s IP Law Newsletter.
In the article, Nicole discusses the rules and regulations behind patent law.
“Section 101 of the Patent Act (35 U.S.C. § 101 et al.) defines patentable subject matter as “any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof.”2 While not expressly carved out by statute, the implied exceptions to eligible subject matter are generally accepted as reasonable and comprehensible. Abstract ideas, laws of nature and natural phenomena fall into the category of ineligible subject matter, a principle which has been affirmed, with minor hiccups and exceptions, in Supreme Court holdings and in the Court of Appeals for the Federal Circuit, a federal appellate court based in Washington, DC. The latter court’s jurisdiction stems not from geography but from exclusive purview over particular subject matter, including patent case appeals (referred to mellifluously as the “CAFC”).”
For more information, please check out Nicole’s article here.
Nicole O’Hara, a member of Gross McGinley’s Business Services Group, works with businesses large and small, advancing and managing patent portfolios, drafting patent applications, and resolving trademark, copyright, trade secret, and patent-related issues. Nicole also negotiates contracts for the commercialization of intellectual property including licenses, confidentiality, material transfer, inter-institutional, service, and research contracts.