IPWatchdog published an article on the public comments submitted for the U.S. Patent and Trademark Office’s patent eligibility jurisprudence study. These collected comments are collected to determine how the current state of Section 101 patent eligibility case law is impacting investment in U.S. innovation. McKool Smith principal Nick Matich shared, “It was very exciting to see bipartisan interest in the subject-matter eligibility issue from Senators Coons, Hirono, Tillis, and Cotton. I’m sure the USPTO’s study will be a valuable contribution to the conversation and I would expect it to highlight the need for reform. The current state of section 101 law makes it very difficult for parties on either side of licensing or litigation to know whether a patent is valid. From a USPTO perspective, the complexity and uncertainty of 101 diverts examiner time that would be better spent on core issues like obviousness and written-description. Spending time there, rather than on 101, would likely advance everyone’s goal of promoting innovation with reliable patent rights on new technology.” Click here for the complete article.


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