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Legislative Change on the Horizon: Proposed Changes to Patent Eligible Subject Matter and Functional Claiming
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Legislative Change on the Horizon: Proposed Changes to Patent Eligible Subject Matter and Functional Claiming
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Journal Article
Legislative Change on the Horizon: Proposed Changes to Patent Eligible Subject Matter and Functional Claiming
2019
Overview
[...]the language of the statute has remained the same since it was first enacted in 1952.2 However, over the years courts have moved the line demarcating patentable and unpatentable concepts, especially in the technology and software fields.3 Most recently, in Alice Corp. Pty. v. CLS Bank Int'l, the U.S. Supreme Court applied a two-part framework to analyze patent eligibility for software claims, instructing courts to first ask if the claims are directed to an abstract idea.4 If the claims are directed to an abstract idea, courts must then decide whether the claims contain an inventive concept or something more that would make the claims patent eligible.5 Since its inception, the two-step patent-eligibility framework from Alice has come under scrutiny because of difficulty in uniformly applying the standard, as well as its alleged bar on important innovations. [...]various witnesses testified that under the current patent-eligibility standards, the amount of money spent by innovators on litigation against \"patent trolls\" or \"non-practicing entities\" has significantly decreased, and these savings have been used to fund additional innovation. [...]companies with significant patent exposure may consider entering comments in the record to have their voice heard on the matter. [...]because there could be a surge of patent applications filed once the legislation takes effect, companies may wish to file sooner rather than later to beat a potential influx of applications and to maintain the advantage under the first-to-file system.
Publisher
Aspen Publishers, Inc
Subject
