How Patent Owners Should Prepare For Eligibility Overhaul

By Matthew Bultman (June 7, 2019, 9:23 PM EDT) -- Congress appears determined to rewrite the law on patent eligibility.

The Senate intellectual property subcommittee held two hearings this past week to discuss patentable subject matter, with a third scheduled for Tuesday. The hearings follow a series of closed-door meetings with industry groups and the unveiling of a draft bill that would expand patent eligibility.

Scott McKeown, a partner at Ropes & Gray LLP, said the flurry of activity is reminiscent of the run-up to the passage of the 2011 America Invents Act, a landmark bill that overhauled the patent system and created new ways to challenge patents.

"People need to...

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