Drafting Applications to Account for 101 issues - Part 2 | William Morriss | IP Toolworks

Part 2: Why the cynical approach is not the best approach to take when dealing with section 101?

Recap:
William Morriss, Patent Attorney and Co-founder at IP Toolworks, share his exciting strategies and methods of drafting Applications to account for 101 issues.

To do that, he has created 3 video series around the same. Here is an overview of it:
Part 1: A very cynical approach to Section 101
Part 2: Why this cynical approach is not the best approach to take
Part 3: Synthesize 1st & 2nd part to come with an effective plan

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00:26 Series on Drafting Applications to account for 101 issues

00:36 Recap Part 1: Cynical approach for the case

01:27 Why the Cynical approach does not make sense?

01:32 The Cynical approach has two incorrect premises

01:41 Cynical Premise #1: The rules are meaningless

02:27 Mentioning low-level implementation details of an invention is reliable

02:41 Case: Berkheimer v. HP Inc

04:01 Case: Finjan, Inc. v. Blue Coat Systems, Inc.
http://www.cafc.uscourts.gov/sites/de...

04:50 Low-level details can get you over patent eligibility

05:30 Instead of being cynical, understand the rules

06:24 Cynicism does not get you far, especially if you already found the 101

07:16 Cynical Premise #2: You opt-out

07:46 What could be a more reliable approach?

08:56 Case: American Axle & Manufacturing, Inc. v. Neapco

09:35 Computers at their base are mathematical

10:11 More abstract does not solve the problem and might raise other problems

12:20 A cynical approach might help you in 101 but gets you in trouble in 102 & 103

12:48 There are many opportunities to tweak things and make things clearer

13:35 Preface to Part 3: Synthesizing part 1 & 2 to come up with a logical approach

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Disclaimer: The statements and views expressed in this posting are my own and do not reflect those of my law firm, are intended for general informational purposes only, and do not constitute legal advice or a legal opinion.