Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: Patent Legislation
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By Kevin E. Noonan — Senator Thom Tillis (R-NC) introduced S. 4734, entitled "A Bill to amend Title 35, U.S. Code, to address matters relating to patent subject matter eligibility, and for other purposes" last night, as was discussed in an earlier Patent Docs post (see "Senator Tillis Proposes Patent Eligibility Reform (Again)"). Even a…
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By Michael Borella — Republican Senator Thom Tillis of North Carolina has released a new proposal to reform the text of 35 U.S.C. § 101. The Senator's last effort in doing so died on the vine in 2019, purportedly due to stakeholders being too far apart in their visions of what patent eligibility should be all…
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By Donald Zuhn — Last month, Sen. Thom Tillis (R-NC), the Ranking Member of the Subcommittee on Intellectual Property of the Senate Committee of the Judiciary, wrote to the Administrative Conference of the United States (ACUS) to request that the agency "conduct a study on whether Congress should create a unified, stand-alone, and independent Intellectual…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 15th annual list of top patent stories. For 2021, we identified nine stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Kevin E. Noonan — It being the holiday season in America, it is perhaps appropriate that patent traditionalists get something more than coal in their stocking from Representatives Massie (R-KY), Gohmert (R-TX), Gosar (R-AZ), and McClintock (R-CA) in the form of H.R. 5874, the "Restoring America's Leadership in Innovation Act of 2021." The bill…
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By Michael Borella and Carlton Hemphill — In a rare showing of bipartisanship, the U.S. Senate has passed Senate Bill S.1260, the "Endless Frontier Act." Co-sponsored by senators Schumer, Young, Hassan, Collins, Coons, Portman, Baldwin, Graham, Peters, Blunt, Daines, Van Hollen, Romney, and Kelly, the bill most notably seeks to establish "a new Directorate for…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. For 2020, we identified eight stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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By Kevin E. Noonan — There is a belief in some quarters that the most significant barrier to patent subject matter eligibility reform is an implacable opposition by companies in the high tech sector because those companies are convinced that the recent Supreme Court precedent (Bilski/Mayo/Alice) as interpreted by the Federal Circuit has resulted in…
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By Michael Borella — The hopes of anyone in favor of patent reform targeting 35 U.S.C § 101 have been official dashed — or at least put on hold. In an interview with the Intellectual Property Owner's association (IPO) last week, Senator Thom Tillis (at right), Chair of the Senate's Subcommittee on Intellectual Property, indicated…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 13th annual list of top patent stories. For 2019, we identified fifteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
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