Patent Eligibility Jurisprudence

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation.  The deadline for submissions is October 15, 2021..

• Due date for Submission: October 15, 2021.
• Submit a comment: https://www.regulations.gov/commenton/PTO-P-2021-0032-0004.
• Read the original request for comments: https://www.federalregister.gov/documents/2021/07/09/2021-14628/patent-eligibility-jurisprudence-study.
• Read the deadline extension documents: https://www.federalregister.gov/documents/2021/09/03/2021-19112/patent-eligibility-jurisprudence-study.

The USPTO is planning a report to Congress and the agency is hoping that these comments will serve as fundamental building blocks for the report.

The following comes from the Notice:

Since 2017, the Federal Circuit has issued numerous decisions applying the Supreme Court’s legal framework in a variety of contexts, and many petitions for writ of certiorari have been filed. In 2019, the Supreme Court called for the views of the Solicitor General. HP Inc. v. Berkheimer, No. 18-415, 139 S. Ct. 860 (Jan. 7, 2019); Hikma Pharms. USA Inc. v. Vanda Pharms. Inc., No. 18-817, 139 S. Ct. 1368 (Mar. 18, 2019). In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards.

Continue reading Patent Eligibility Jurisprudence at Patently-O.