3 Patent Eligibility Reform Ideas Add Clarity But Bring Risks
By Josef Schenker, Jolene Wang and Colin Dunn (September 28, 2021, 3:33 PM EDT) -- Few things in patent law today are more certain than the need for reform of patent eligibility under Title 35 of the U.S. Code, Section 101.
The U.S. Supreme Court's decisions in Alice Corp. v. CLS Bank International in 2014, Mayo Collaborative Services v. Prometheus Laboratories Inc. in 2012 and Association for Molecular Pathology v. Myriad Genetics Inc. in 2013 have caused difficulties for litigants, the U.S. Patent and Trademark Office, practitioners and the courts.
To date, the U.S. Court of Appeals for the Federal Circuit's pleas for clarification have been ignored — despite repeated requests, the Supreme Court has not taken...
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