Be Specific: Further Thoughts from Two-Way Media to Avoid a 101 Misstep
Developments on the topic of patent subject matter ineligibility continue to progress rapidly. In this piece we revisit the Federal Circuit Court decision in Two-Way Media v. Comcast. This case provides comments in part on the role the patent specification should play when looking for inventive concepts in the second step of the Alice/Mayo test. Two-Way also serves as an important reminder to patent professionals to avoid conflation of the § 101 subject matter eligibility inquiry with § 102 and § 103 novelty and obviousness considerations.