Partner Michael Battaglia authored an article titled "Summary of the Proposed U.S. Patent Eligibility Restoration Act of 2023" for the Association of Intellectual Property Firms (AIPF) April 2024, Issue 51 of the IP Law Bugle.
Patent subject matter eligibility in the United States of America is governed by 35 U.S.C. § 101. The Patent Eligibility Restoration Act of 2023 (the “Act”) proposes revisions to clarify 35 U.S.C. § 101 by (i) eliminating judicial exceptions to patent eligibility, (ii) defining the subject matter excluded from patent eligibility, (iii) limiting what may be considered in determining whether a claimed invention is eligible for a patent, and (iv) defining when a court may determine whether an invention is eligible for a patent in an infringement action. U.S. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Act on June 22, 2023. The Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing on the proposed Act on January 23, 2024.
To read the article, please click here, or click on the document below.
