Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion.
We are all familiar with the rhetorical device of a parade of horribles a series of very bad things that could happen if some action is (or isn't) taken. Often, these parades.
The Supreme Court s
Alice Corp. v. CLS Bank Int l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective. As a consequence, the validity of particular types of inventions, especially those in the software and business method space, can be uncertain until undergoing judicial review.
In a nutshell,
Alice sets forth a two-part test to determine whether claims are directed to patent-eligible subject matter under 35 U.S.C. § 101. One must first decide whether the claim at hand is directed to a judicially-excluded law of nature, a natural phenomenon, or an abstract idea. If so, then one must further decide whether any element or combination of elements in the claim is sufficient to ensure that the claim amounts to significantly more than the judicial exclusion. But elements or combinations of elements that are well-understood, routine, and conventional will not lift the claim over the § 101 hurdle. While this inquiry is gener
Last week, Senator Tillis latest literary foray took the form of a letter to the Hon. Drew Hirschfeld, current Commissioner of Patents and Acting Director of the U.S. Patent and Trademark Office. In it, the Senator asks the USPTO to publish a request for information on the current state of patent eligibility jurisprudence in the United States, evaluate the responses, and provide us with a detailed summary of your finding, particularly with regard to how the current jurisprudence has adversely impacted investment and innovation in critical technologies like quantum computing, artificial intelligence, precision medicine, diagnostic methods, and pharmaceutical treatments. The letter illustrates and justifies the request by reciting the lack of consistency and clarity in our nation s patent eligibility laws. These circumstances have had a dramatic negative impact on investment, research, and innovation, not only discouraged investment in critical emerging technologies, but
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