Is 101 Relief in Sight?

Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) released a plan to revise Section 101 of Title 35 of the U.S. Code relating to U.S. patent law, reports Alexis Kramer of Bloomberg Law. As reported by Ms. Kramer, the senators (the chairman and a ranking member respectively of the Senate Judiciary Subcommittee on Intellectual Property) have been meeting with industry representatives since December of 2018 to discuss how to redefine patent-eligible subject matter under U.S. patent law. A draft outline of the proposed 101 reform also was published by Bloomberg Law. The most notable proposed change is to eliminate that any invention be both “new” and “useful.” Rather, the new law would only require that the claimed invention meet existing statutory utility requirements. The new law also would statutorily abrogate judicially created exceptions to patent-eligible subject matter in favor of exclusive categories of ineligible subject matter. Proposed…

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