Scott Hogan contributed an Expert Analysis Chapter to the 12th Edition of The International Comparative Legal Guide: Patents 2020, published by Global Legal Group Ltd. The chapter is entitled ‚ÄòThe Ascension of the Abstract Idea Exception‘ and takes the reader on a journey back in time to explore the origins of the abstract idea exception to patent eligibility under 35 U.S.C. 101. The author uncovers the fact that this ¬†exception to patent eligibility predates modern U.S. patent law and may have been applied out-of-context by the U.S. Supreme Court in their law-altering Alice and Mayo opinions. The result of the U.S. Supreme Court’s meddling in patent eligibility has been a steady erosion of patent rights that has creeped its way into successful validity challenges of physical apparatuses such as digital cameras and electric vehicle charging stations. Mr. Hogan offers some insight into how the U.S. Court of Appeals for the Federal Circuit appears to be applying the SCOTUS-crafted rule for patent eligibility.
