New Patent Eligibility Legislation Seeks to Resolve Uncertainty and Roll Back Supreme Court Rulings

  • August 5, 2022
  • Category: Top Insight

Senator Thom Tillis (R-NC) has released the promised draft of a bill that would revamp the law governing patent eligibility in the US under 35 USC Section 101. The announcement of that proposed legislation, the Patent Eligibility Restoration Act of 2022, frames it as an attempt to address concerns from stakeholders on both sides of the issue regarding the inconsistent application of eligibility caselaw and its impact on certain “key areas of technology and innovation”. Though the bill preserves the statutory categories of eligible subject matter, it provides a specific list of excluded subject matter rather than leaving such exclusions to the courts. By doing so, its provisions would do away with key aspects of Supreme Court rulings like Mayo, Myriad, and Alice, as well as codify other opinions that have limited those prior holdings or that have otherwise proven controversial.

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