News & Analysis as of September 25, 2024

Patent-Eligible Subject Matter › Patent Reform

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Section 101 Patent Eligibility: A Quick News Roundup

Holland & Knight LLP on 5/1/2023

It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more

Senator Tillis' Patent Eligibility Reform Proposal: A Biopharma Perspective

McDonnell Boehnen Hulbert & Berghoff LLP on 8/4/2022

Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an...more

Senator Tillis Proposes Patent Eligibility Reform (Again)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/3/2022

Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101. The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too...more

Before You Complain About So-Called Bad Patents, Read This

McDonnell Boehnen Hulbert & Berghoff LLP on 4/18/2022

This weekend The New York Times published an editorial opinion entitled "Save America's Patent System." It bemoans the purported prevalence of "bad patents" -- including "uninspiring tweaks" to existing products -- that...more

Congressional Republicans Propose to Abolish America Invents Act (and a Bit More)

McDonnell Boehnen Hulbert & Berghoff LLP on 11/11/2021

It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock...more

Supplemental Examination

Morgan Lewis on 4/22/2021

Supplemental examination may be requested by a patent owner in order to have the US Patent and Trademark Office (USPTO) consider, reconsider, or correct information that the patent owner believes is relevant to the patent. ...more

USPTO Director Iancu Calls for Section 101 Patent Eligibility Reform in Farewell Speech

Holland & Knight LLP on 1/27/2021

U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu recently resigned his position with the USPTO and delivered his farewell speech at a U.S. Chamber of Commerce event on Jan. 19, 2021. In the speech, Iancu...more

A Step-by-Step Approach to Patent Subject Matter Eligibility Reform

McDonnell Boehnen Hulbert & Berghoff LLP on 2/19/2020

There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the...more

The Zombie Apocalypse of Patent Eligibility Reform and a Possible Escape Route

McDonnell Boehnen Hulbert & Berghoff LLP on 2/6/2020

The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed -- or at least put on hold. In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom...more

The Three Biggest Section 101 Stories of 2019

Holland & Knight LLP on 12/24/2019

Jalen Rose often says that you got to give the people what they want, and it’s important to listen to Jalen. So here’s the holiday reading you’re craving. Refill your eggnog, turn on the Netflix fireplace, and curl up to read...more

Bloomberg Law: There is a Lack of Consensus among Stakeholders on Patent Eligibility Reform

Holland & Knight LLP on 10/21/2019

As we know, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) introduced a draft bill months ago that would "reform Section 101 of the Patent Act" and followed that up with a series of congressional hearings. Senator...more

Rep. Collins (R-Ga.) Calls for Patent Reform After American Axle Decision

Holland & Knight LLP on 10/8/2019

We wrote about the Federal Circuit’s American Axle decision last week, highlighting Judge Kimberly Moore’s fierce dissent. Judge Moore was not the only person with a strong reaction. A day after the decision, Rep. Doug...more

A Federal Circuit Quarrel: Patent Eligibility, Enablement and a Fiery Dissent

Holland & Knight LLP on 10/4/2019

There is an ongoing struggle over § 101: the Federal Circuit struggles over the appropriate scope; the lower courts struggle to apply the Federal Circuit's decisions; litigants struggle due to the aforementioned. This has...more

Senate to Hold STRONGER Act Hearing

McDonnell Boehnen Hulbert & Berghoff LLP on 9/10/2019

It would be understandable to have the impression that Congress is considering patent eligibility reform as the major (or even sole) patent-related legislation this session....more

Intellectual Property Bulletin - Summer 2019

Fenwick & West LLP on 8/21/2019

In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more

Patent Reform: An Interview with Alex Moss, Attorney at Electronic Frontier Foundation

Holland & Knight LLP on 7/17/2019

Alex Moss is a staff attorney on the Electronic Frontier Foundation (EFF) intellectual property team, focusing on legal issues that affect innovation and creativity of all kinds. She is specifically interested in Section 101....more

Current State of Patent Eligibility and Potential Reform

Downs Rachlin Martin PLLC on 7/9/2019

Will there be patent eligibility reform following the Senate Committee hearings? Major points of contention during the hearings were (1) the patentability of human genes, (2) whether proposed changes to 35 U.S.C. § 112(f)...more

Biotech Prospects for Patent Reform

McDonnell Boehnen Hulbert & Berghoff LLP on 6/27/2019

With great fanfare (and a seeming exercise of appropriate diligence), Senators Thom Tillis (R-NC) and Chris Coons (D-DE), chair and ranking member of the Intellectual Property Subcommittee of the Senate Judiciary committee,...more

Senators Tillis and Coons Release Statement on Recent Patent Reform Hearings

McDonnell Boehnen Hulbert & Berghoff LLP on 6/27/2019

As we have previously covered, the Senate Subcommittee on Intellectual Property recently held hearings on proposed revisions to 35 U.S.C. § 101 and related sections of the patent statute. Chairman Thom Tillis (a Republican...more

The Senate Holds Hearings On The State Of Patent Eligibility In America

Foley & Lardner LLP on 6/12/2019

Last week the Senate Judiciary Committee held two of three scheduled hearings on “The State of Patent Eligibility in America.” Many witnesses with prominent roles in the patent field testified in favor of legislative action...more

101 Patent Reform Progressing in Congress

Knobbe Martens on 5/31/2019

On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants. The draft bill would change the...more

Patent Reform: New Bipartisan Framework for Section 101 Eligibility Introduced in Congress

Holland & Knight LLP on 4/24/2019

Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.), along with Reps. Doug Collins (R-Ga.), Hank Johnson (D-Ga.), and Steve Stivers (R-Ohio), have unveiled a bipartisan and bicameral framework on Section 101 patent reform....more

The USPTO's Director Iancu Discusses Options for § 101 Reform

Knobbe Martens on 11/7/2018

For both patent Applicants and Patent Office Examiners, the Supreme Court’s 2014 Alice Corp. v. CLS Bank International decision has created ongoing uncertainty as to the proper scope of subject matter that should be excluded...more

Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity”

Jones Day on 5/1/2018

On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more

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Patent-Eligible Subject Matter › Patent Reform

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