Home Legal Advice It is Time to Tell Your Eligibility Stories

It is Time to Tell Your Eligibility Stories

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by Dennis Crouch

At the behest of a number of main Senators, the USPTO has begun a research on the “Current State of Patent Eligibility Jurisprudence.”  To that finish, the company is looking for feedback from the general public that will probably be due by Early September.  The company would really like enter from varied stakeholders, together with inventors, house owners, buyers, licensees, customers, and patent attorneys. The company seems to be wanting from key perception concerning the precise experience of events intertwined — telling a narrative of the affect of patent eligibility doctrine.

Acting Director Hirshfeld has made clear in some settings his predilection for broad subject material eligibility, and the wording of the questions counsel that the Agency is in search of causes to decry the present state of narrowed eligibility.

The precise matter of feedback aren’t restricted, however the Agency has created an inventory of 13 questions which will information enter. i’ve paraphrased:

  1. How does eligibility jurisprudence affect enterprise in your tech space (be particular)?
  2. What impacts have you ever skilled as a result of based mostly upon modifications over the previous decade? This  contains patent prosecution, enforcement, R&D, employment, innovation, gross sales, competitors, and so forth.
  3. How is eligibility jurisprudence impacting the next: quantum computing; AI; precision medication; diagnostic strategies; pharmaceutical therapies; and different computer-related innovations?
  4. How does US eligibility jurisprudence differ out of your experience in different main patent regimes?
  5. Provide particulars on instances that have been denied based mostly upon eligibility within the US, however have been allowed in different main patent regimes.
  6. Explain if US eligibility doctrine has shifted analysis/funding/jobs to different elements of the world.
  7. Explain if US eligibility doctrine has shifted IP technique towards commerce secrecy.
  8. Explain if US eligibility doctrine has shifted the way you license or buy patents.
  9. Explain how US eligibility doctrine has shifted your litigation methods.
  10. What is the affect of US eligibility jurisprudence on the “global strength of US intellectual property.”
  11. What is the affect of US eligibility jurisprudence on the US economic system as a complete.
  12. What is the affect of US eligibility jurisprudence on specific market areas?
  13. How is the general public impacted by the state of US eligibility jurisprudence?

Read extra right here: https://public-inspection.federalregister.gov/2021-14628.pdf

I anticipate that the feedback right here may also be pertinent to the views of the solicitor common that will probably be submitted in Am. Axle.

Submit feedback by way of the Federal Register portal utilizing Docket No: PTO-P-2021-0032.

 

 

 




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