Diversity of views regarding the current state of jurisprudence in the U.S.
By Ferraiuoli LLC
In response to a request from a bipartisan group of lawmakers, the United States Patent and Trademark Office (USPTO) released a report to Congress detailing the results of the Office’s call for comments from the public regarding the impacts of U.S. jurisprudence on patent subject matter eligibility.In their March 2021 request to the USPTO, Senators Thom Tillis (R-NC), Chris Coons (D-DE), Mazie Hirono (D-HI), and Tom Cotton (R-AR) asked the USPTO to “publish a request for information on the current state of patent eligibility jurisprudence in the United States, evaluate the responses, and provide us with a detailed summary of your findings.”
Their request specifically noted the lack of consistency and clarity in the area of patent subject matter eligibility since the Supreme Court’s 2012 and 2014 rulings in the Mayo and Alice Corp. cases, in which the court enunciated a two-step framework for determining subject matter that is patent eligible.
"Innovation cannot thrive in uncertainty,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “We are committed to making every effort to ensure that the U.S. patent system is as clear and consistent as possible. We are analyzing our own patent eligibility guidance put in place in 2019, implementing the pilot program for deferred examination of patent eligibility, and considering guidance on functional claiming. We look forward to our continued work with Congress and stakeholders on these key issues.”
