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Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
The Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? Introduced by Senators Thom Tillis (R-NC) and Chris Coons (D-DE), PERA aims to amend Section 101 of the Patent Act to clarify and restore the criteria for patent subject matter eligibility. This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill. Finally, this article will provide a summary of the status of the bill and its prospects for future legislative success.
Section 101 of the United States Patent Act defines patent-eligible subject matter as any “new and useful process, machine, manufacture, or composition of matter.” The interpretation of this section has been significantly influenced by key Supreme Court cases, particularly Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012) and Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). These decisions have established a two-step framework for determining patent eligibility that has been criticized for its lack of clarity and consistency, leading to unpredictable outcomes. Lower courts and the United States Patent and Trademark Office (USPTO) have struggled to apply the framework consistently, resulting in significant legal uncertainty.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.