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house of delegates resolutions
101A
ADOPTED AS REVISED

Supports the Principle that Abstract Ideas are not Patentable

RESOLVED, That the _ supports the principle that laws of nature, physical phenomena, and abstract ideas are not eligible for patenting as a process under 35 U.S.C § 101, even if they had been previously unknown or unrecognized;

FURTHER RESOLVED, That the _ supports the principle that a process meets the requirements of Section 101 where—

(1) the claimed process as a whole, other than a mental process, is limited to a specific application of a law of nature, natural phenomenon, or abstract idea; or

(2) the claimed process requires or involves a transformation of matter into a different state or thing.

FURTHER RESOLVED, That the _ supports the principle that the inquiry into subject matter eligibility for patenting under 35 U.S.C. § 101 is a separate and distinct requirement for patent eligibility which should be resolved independently from the conditions of patentability under Sections 102 and 103, and the requirements for obtaining a valid patent under Section 112;

FURTHER RESOLVED, That the _ opposes application of a patent eligibility test under Section 101 that imports into the patent eligibility analysis the criteria or analysis for determining patentability addressed by Sections 102 and 103, as well as the criteria required for obtaining a valid patent under Section 112.

DELETIONS STRUCK THROUGH; ADDITIONS UNDERLINED