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Patent-Eligible Subject Matter › Proposed Legislation

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... more +
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 -
Foley & Lardner LLP

Another Step Forward for the Patent Eligibility Restoration Act

Foley & Lardner LLP on

I have been waiting for developments on the Patent Eligibility Restoration Act (PERA) since I testified before the Subcommittee on Intellectual Property of the Senate Judiciary Committee in January 2024, and in the meantime...more

Knobbe Martens

Patent Eligibility Reform Introduced in the U.S. House of Representatives

Knobbe Martens on

Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC)...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

WilmerHale

PTAB/USPTO Update - August 2024

WilmerHale on

On July 7, the Senate passed a resolution “[r]ecognizing the importance of trademarks in the economy and the role of trademarks in protecting consumer safety, by designating the month of July as ‘National Anti-Counterfeiting...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: A Senate Hearing, a New Cert Petition and More

Holland & Knight LLP on

The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more

Foley & Lardner LLP

Testifying on the Patent Eligibility Restoration Act

Foley & Lardner LLP on

When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but...more

Farella Braun + Martel LLP

What Patent Bills Would Mean for Infringement Litigation

Farella Braun + Martel LLP on

Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting...more

MoFo Life Sciences

A Glimmer Of Hope For Simplified Patenting Of Medical Diagnostics In The United States

MoFo Life Sciences on

Should the recent bill entitled the Patent Eligibility Restoration Act of 2023 (PERA) become law, it would override the existing jurisprudence and redefine which inventions are eligible for patenting under 35 U.S.C. § 101. ...more

Foley & Lardner LLP

Would The Patent Eligibility Restoration Act Strike The Right Balance?

Foley & Lardner LLP on

Senators Chris Coons and Thom Tillis recently introduced the bipartisan 2023 Patent Eligibility Restoration Act that would make significant changes to U.S. patent eligibility law. The “Findings” section of the Act states that...more

Farella Braun + Martel LLP

Takeaways From the Proposed PREVAIL Act

Farella Braun + Martel LLP on

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Promoting and Respecting Economically Vital American Innovation...more

Farella Braun + Martel LLP

Takeaways From the Proposed Patent Eligibility Restoration Act of 2023

Farella Braun + Martel LLP on

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more

Goodwin

Sens. Tillis and Coons Propose New Legislation Regarding Patentability Under § 101

Goodwin on

On June 22, 2023, Sens. Thom Tillis and Chris Coons proposed the Patent Eligibility Restoration Act of 2023 (the Act). The new legislation is intended to clarify patent eligibility under 35 U.S.C. § 101 in view of the Supreme...more

McDermott Will & Emery

Coons and Tillis Introduce Two Bills Intended to Change Patent Landscape

McDermott Will & Emery on

In late June 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced two bills in Congress that, if enacted, would change the patent adjudication landscape: - The Promoting and Respecting Economically Vital...more

WilmerHale

Open Questions Regarding the Patent Eligibility Restoration Act of 2023

WilmerHale on

United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023 (the “Act”) on June 22, 2023. The Act seeks to modify and clarify “patent eligibility jurisprudence...more

Venable LLP

Senators Tillis and Coons Reintroduce Patent Eligibility Reform Legislation

Venable LLP on

On June 22, 2023, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) announced the reintroduction of legislation to reform the patent eligibility requirements under 35 U.S.C. § 101....more

McCarter & English, LLP

Senators Kick off Bipartisan Patent Reform Effort

McCarter & English, LLP on

In an unusual bipartisan effort, Senator Thom Tillis (R-N.C.) and Senator Chris Coons (D-Del.) have introduced a pair of bills that seek to strengthen US patents by limiting permissible challenges. The bill led by Tillis,...more

BakerHostetler

Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

BakerHostetler on

On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. The bill proposes...more

Holland & Knight LLP

Sens. Tillis and Coons Introduce Patent Eligibility Reform with a Significant Shift

Holland & Knight LLP on

Sens. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) on June 22, 2023, introduced the Patent Eligibility Restoration Act of 2023. My key takeaway from the text of the legislation is that Tillis and Coons are trying to walk the...more

Sheppard Mullin Richter & Hampton LLP

Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

Sheppard Mullin Richter & Hampton LLP on

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2022

Holland & Knight LLP on

You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year ...more

Dunlap Bennett & Ludwig PLLC

§101 Reform Bill’s Murky Language Might Do the Opposite of What It Intends, Killing Patents Upheld in Court Decisions

Dunlap Bennett & Ludwig PLLC on

The law of unintended consequences provides that actions “always have effects that are unanticipated or unintended.” This folk wisdom holds true when it comes to the Patent Eligibility Restoration Act of 2022....more

Fenwick & West LLP

New Patent-Eligibility Bill Introduced to Congress

Fenwick & West LLP on

Subject-matter eligibility under 35 U.S.C. § 101 has been a hot-button issue in United States patent law since 2014, when the U.S. Supreme Court decided Alice Corp. v. CLS Bank Int’l. In that case, the Supreme Court decided...more

McDermott Will & Emery

New Patent Eligibility Bill May Impact What Subject Matter Is Patentable

McDermott Will & Emery on

On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022. Senator Tillis’s bill addresses patent subject matter eligibility by modifying 35 U.S.C. § 101 to mitigate areas in...more

Fox Rothschild LLP

The Patent Eligibility Restoration Act of 2022. What You Need to Know.

Fox Rothschild LLP on

A new bill currently pending in the U.S. Senate could have significant implications on what can and can’t be patented in the United States. The Patent Eligibility Restoration Act of 2022, introduced Aug. 2 by Sen. Thom...more

Holland & Knight LLP

Patent Eligibility Roundup: New Legislation, Call for Comments, Delaying Eligibility

Holland & Knight LLP on

We have a few brief Section 101 updates starting, unsurprisingly, with … Roughly one month after the U.S. Supreme Court rejected the American Axle petition, Sen. Thom Tillis (R-NC) has released the first draft of his Patent...more

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