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why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.

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    You are presumably talking about claims that preempt all uses of a law of nature. A law of nature is not patentable. A claim that preempted all possible uses of a law of nature is essentially an attempt to patent that law of nature.
    – George White
    Mar 6, 2019 at 21:55
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    @GeorgeWhite Your comment makes a reasonable answer.
    – Eric S
    Mar 6, 2019 at 22:04
  • This is well beyond my expertise, but I found the following articles that may provide insight: finnegan.com/en/insights/… and ipeg.com/patentable-subject-matter-and-preemption
    – Eric S
    Mar 8, 2019 at 0:00
  • Thanks for sharing. I'll read it and discuss Mar 8, 2019 at 4:32

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You are presumably talking about claims that preempt all uses of a law of nature. A law of nature is not patentable. A claim that preempted all possible uses of a law of nature is essentially an attempt to patent that law of nature.

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