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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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