Posts Tagged: myriad


How Senate IP Subcommittee Witnesses on Patent Eligibility Responded to Questions from Senator Blumenthal

Through the first half of June, a series of hearings on the state of patent eligibility in America held by the Senate Intellectual Property Subcommittee rendered a …
By Steve Brachmann
5 days ago 10

The Only Way to Counter False Claims on Patent Reform is to Enter the Debate

Coverage of the ongoing patent reform debate in the Senate Judiciary Committee by the popular press has been alarmist and largely incorrect. For example, even just yesterday—…
By Gene Quinn
30 days ago 12

Final Panelists at Senate 101 Hearings Stress Real-World Effects of Status Quo, Tillis Signals Changes to Draft Text

After three hearings and 45 witnesses, there were few new fundamental arguments advanced for or against reforming patent eligibility law at today’s final Senate IP Subcommittee hearing …
By Eileen McDermott
1 month ago 25

Mayo Response Brief in Athena v. Mayo at CAFC Argues Athena Claims Impede Treatment Decisions

The presently pending petition for en banc review in Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC has been addressed by Sherry Knowles and Meredith Addy and …
By Paul Cole
1 month ago 17

Sherry Knowles Responds to ACLU’s Urgent Phone Briefing and Letter Opposing Reform to Section 101

This morning, the American Civil Liberties Union (ACLU), which will be represented in Wednesday’s hearing on Section 101 reform by Senior Legislative Counsel Kate Ruane, announced an …
By Sherry Knowles
1 month ago 24

Is 2019 the Year Clarity Returns to Section 101? Judge Paul Michel Is Hopeful

For almost ten years, U.S. patent law has experienced extraordinary confusion and uncertainty about what types of inventions and discoveries are patent eligible. The U.S. …
By Judge Paul Michel
6 months ago 17

Why is SCOTUS Creating a Federal Common Law of Patents?

What makes SCOTUS’s assertions in patent law jurisprudence that there are these “exceptions” or additional “requirements” particularly annoying to many of us in the patent bar …
By Eric Guttag
7 months ago 81

Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
1 year ago 3

Taking stock of the health of the American patent system, a system in crisis

“In our time together today we are going to try and take stock of the health of the American patent system,” Michel began. “It is important to …
By Gene Quinn
2 years ago 32

§ 101 Rejections in the Post-Alice Era

The § 101 rejection rate for patent applications in the e-commerce work groups approaches 100%, then drops precipitously for the remaining seven of the top ten work groups with the …
By James Cosgrove
2 years ago 3

Is it Time To Amend 101?

Rather than the drastic measure of abolishing § 101, such as that proposed by previous USPTO Director Kappos, we think that a simple change to § 101 that removes the confusing …

No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

Should Section 101 of the Patent Act be Removed

David Kappos, the director of the USPTO under President Obama from 2009 to 2013, recently called for congress to repeal section 101 of the patent act. According to Kappos, the …
By Daniel Cole
3 years ago 39

PTO Report on Confirmatory Genetic Testing: A Worthwhile Effort But Not Far Enough

The USPTO has released its 'Report on Confirmatory Genetic Diagnostic Testing,' which was prepared to fulfill the requirements of §27 of the Leahy-Smith America Invents Act. The …

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
By Gene Quinn
4 years ago 79