It Is Time to Air your Section 101 Patent Eligibility Grievances

Holland & Knight LLP

Holland & Knight LLP

Grab your aluminum pole because it's time for the airing of [patent eligibility] grievances.

The U.S. Patent and Trademark Office (USPTO), at the request of Sens. Thom Tillis (R-Texas), Mazie Hirono (D-Hawaii), Tom Cotton (R-Ark.) and Chris Coons (D-Del.), is "undertaking a study on the current state of patent eligibility jurisprudence in the United States, and how the current jurisprudence has impacted investment and innovation." The study hopes to focus on "critical technologies" like quantum computing, artificial intelligence, precision medicine, diagnostic methods and pharmaceutical treatments.

The USPTO is inviting "stakeholders to submit written comments" on a set of topics, pertaining to observations/experiences and impact on the general marketplace. These topics include, but are not limited to, the following:

  1. How the current state of patent eligibility jurisprudence affects the conduct of business in your technology area.
  2. How the current state of patent eligibility jurisprudence has impacted you.
  3. How the current state of patent eligibility jurisprudence impacts particular technological fields, including investment and innovation in the above-mentioned key technological areas.
  4. Explain your experiences with the application of subject matter eligibility requirements in other jurisdictions, including China, Japan, Korea and Europe.
  5. How the current state patent eligibility jurisprudence in the United States impacts the global strength of U.S. intellectual property and how it impacts the U.S. economy as a whole.

Comments must be received by Sept. 7, 2021, and submitted through the Federal eRulemaking Portal at The USPTO will accept both confidential and anonymous submissions.

Further information is available in the Patent Eligibility Jurisprudence Study posted on July 9, 2021, in the Federal Register.

Thank you for reading. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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