June 19 marks the 5th anniversary of the Supreme Court’s impactful decision in Alice Corp. v. CLS Bank, which dramatically changed the analysis of patentable subject matter in both patent prosecution and patent litigation.
Currently, a bipartisan group of Congressional members introduced what could be the first revisions to Section 101
With the Senate conducting marathon hearings on the subject of patentable subject matter this week (i.e., 35 U.S.C. § 101), and with significant effort to date to move legislation forward, it appears that 101 change is coming — and soon.
Given the imminent legislative reset, what should you do if your patent is invalidated by the Court’s under the current 101 regime?
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The Senate Judiciary Committee will conduct back-to-back hearings next Tuesday and Wednesday entitled “The State of Patent Eligibility in America. The marathon fact-finding hearings come on the heels of the proposed 101 framework released last week. Each of the hearings will include three panels of five speakers.
Judging on the lineups for next week, so far the deck is plainly stacked pro-reform.
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As previously discussed, Congress is poised to revise the law of patent eligibility under 35 U.S.C. § 101. To this end, a draft framework has been floated in advance of three upcoming stakeholder meetings on the Hill (June 4th, 5th and 11th).
Today, U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, and Representatvie Doug Collins (R-GA-9), Ranking Member of the House Judiciary Committee, Hank Johnson (D-GA-4), Chairman of the House Judiciary Subommittee on Intellectual Property and the Courts, and Steve Stivers (R-OH-15) released a bipartisan, bicameral draft bill that would reform Section 101 of the Patent Act.
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Late last week, the Senate Judiciary Committee announced the formation of an Intellectual Property (IP) Subcommittee. The Senate Judiciary has not had an active IP Subcommittee for decades (unlike the House).
Senators Thom Tillis (R-NC) and Chris Coons (D-DE) were announced as Chairman and Ranking Member of the IP Subcommittee. You may remember these same senators conducting a closed-door meeting with larger stakeholders (Tech and Bio/Pharma) last December on the topic of patent subject matter eligibility (35 U.S.C. § 101). On the heels of the USPTO’s revised patent eligibility guidelines, it appears that the stars may finally be aligning for meaningful 101 reform.
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