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Senators Request USPTO to Provide Information on Subject Matter Eligibility | McDonnell Boehnen Hulbert & Berghoff LLP

Last week, Senator Tillis latest literary foray took the form of a letter to the Hon. Drew Hirschfeld, current Commissioner of Patents and Acting Director of the U.S. Patent and Trademark Office. In it, the Senator asks 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 finding, particularly with regard to how the current jurisprudence has adversely impacted investment and innovation in critical technologies like quantum computing, artificial intelligence, precision medicine, diagnostic methods, and pharmaceutical treatments. The letter illustrates and justifies the request by reciting the lack of consistency and clarity in our nation s patent eligibility laws. These circumstances have had a dramatic negative impact on investment, research, and innovation, not only discouraged investment in critical emerging technologies, b ....

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An Analytic Approach to Patent Eligibility | McDonnell Boehnen Hulbert & Berghoff LLP

Ariosa v. Sequenom ) decisions, has rendered pursuit of patent protection for these inventions to be relegated to the ranks of the foolhardy. The effect on investment and hence progress and innovation has been as expected; perhaps the only silver lining from the SARS-Cov-2 epidemic has been that in the frantic and desperate struggle for both diagnostics and vaccines the usual market forces have been collapsed by government investment (which is not usually a recipe for economic success).
But if policymakers cannot find a path to resolve the political differences that have prevented a legislative solution to the patent eligibility issue ( ....

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