How Congress Could Abolish Patent Eligibility Exceptions

Law360 (July 1, 2019, 12:03 PM EDT) -- The U.S. Supreme Court has long held that laws of nature, natural phenomena and abstract ideas are not patent eligible, even though these exceptions to patent eligibility appear nowhere in the patent statute. Members of Congress, via the proposed Tillis-Coons bill, are currently considering trying to abrogate these exceptions. Here is the relevant currently proposed legislative language:

No implicit or other judicially created exceptions to subject matter eligibility, including ‘abstract ideas,’ ‘laws of nature,’ or ‘natural phenomena,’ shall be used to determine patent eligibility under section 101, and all cases establishing or interpreting those exceptions to eligibility are hereby abrogated.[1]...

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