Lack of Stakeholder Consensus on 101 Effort
The sponsors of the promised bill to reform 35 U.S.C. § 101 are struggling to regain earlier momentum. It seems that the inclusion of the 112(f) provision (designed to bring Big Tech to the table on an otherwise unwelcome reform effort) has not been effective. Worse, the 112 provision has actually turned off some in Bio/Pharma. As such, the 101 bill promised back in July now appears to be slipping to October.
Given the recent complications, the Stronger Patents Act has been dusted off to remind Big Tech that, at least in theory, there could be much worse legislative consequences than a more patent friendly 101 statute.