Landmark Case on Patent Eligibility: In re: McFadden Heard by the Federal Circuit
Washington D.C. – September 6, 2025 – The United States Court of Appeals for the Federal Circuit has heard oral arguments in the significant patent eligibility case, In re: McFadden, docketed as 24-2107. This decision has the potential to shape the landscape of patent law concerning abstract ideas and their patentability under Section 101 of the Patent Act.
The case centers on an invention by Mr. David McFadden, who sought patent protection for a novel method and system for data processing. The core of the dispute lies in whether McFadden’s claims, as interpreted by the U.S. Patent and Trademark Office (USPTO) and subsequently challenged by the applicant, fall under the category of an “abstract idea” and are therefore ineligible for patent protection.
Under the established framework for patent eligibility, courts and the USPTO employ a two-step test, often referred to as the Alice/Mayo test, to determine if a claim is directed to a patent-ineligible concept. The first step involves assessing whether the claim is “directed to” a patent-ineligible concept such as a law of nature, natural phenomenon, or abstract idea. If it is, the second step requires an analysis of whether the claim amounts to “significantly more” than the ineligible concept itself, involving inventive concepts that transform the abstract idea into a patent-eligible application.
In In re: McFadden, the Federal Circuit is tasked with closely examining how this test is applied to McFadden’s specific claims. The appellant, Mr. McFadden, argues that his invention is not merely an abstract idea but rather a practical and concrete implementation that offers novel and non-obvious improvements in data processing. He contends that the USPTO erred in its determination, classifying his invention too broadly and failing to recognize the inventive steps that elevate it beyond mere abstract thought.
The outcome of In re: McFadden is eagerly anticipated by the technology and patent law communities. A ruling in favor of the appellant could potentially broaden the scope of patent eligibility for software and data processing inventions, providing greater certainty and protection for innovators in these fields. Conversely, a decision upholding the USPTO’s rejections could reinforce existing limitations on patenting abstract ideas, prompting further innovation in how such inventions are claimed and presented to the patent office.
Oral arguments before the esteemed panel of Federal Circuit judges were focused on the precise articulation of the claims, the USPTO’s examination process, and the application of Supreme Court precedent. Attorneys for both sides presented their arguments, highlighting the nuances of McFadden’s invention and its place within the existing patent eligibility jurisprudence.
The Federal Circuit’s decision in In re: McFadden is expected to provide crucial guidance for examiners at the USPTO, patent applicants, and legal practitioners grappling with the complexities of patent eligibility in the digital age. As the court deliberates, the industry watches closely for a ruling that could significantly impact the future of innovation and intellectual property in the United States.
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govinfo.gov Court of Appeals forthe Federal Circuit published ’24-2107 – In re: McFadden’ at 2025-09-06 20:48. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.