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Proposed Legislation Patents Section 101

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: A Senate Hearing, a New Cert Petition and More

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The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more

Farella Braun + Martel LLP

Takeaways From the Proposed Patent Eligibility Restoration Act of 2023

Two proposed bills recently introduced in Congress have the potential to greatly impact the current patent litigation landscape. The bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and...more

Goodwin

Sens. Tillis and Coons Propose New Legislation Regarding Patentability Under § 101

Goodwin on

On June 22, 2023, Sens. Thom Tillis and Chris Coons proposed the Patent Eligibility Restoration Act of 2023 (the Act). The new legislation is intended to clarify patent eligibility under 35 U.S.C. § 101 in view of the Supreme...more

McDermott Will & Emery

Coons and Tillis Introduce Two Bills Intended to Change Patent Landscape

McDermott Will & Emery on

In late June 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced two bills in Congress that, if enacted, would change the patent adjudication landscape: - The Promoting and Respecting Economically Vital...more

WilmerHale

Open Questions Regarding the Patent Eligibility Restoration Act of 2023

WilmerHale on

United States Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act of 2023 (the “Act”) on June 22, 2023. The Act seeks to modify and clarify “patent eligibility jurisprudence...more

Venable LLP

Senators Tillis and Coons Reintroduce Patent Eligibility Reform Legislation

Venable LLP on

On June 22, 2023, Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) announced the reintroduction of legislation to reform the patent eligibility requirements under 35 U.S.C. § 101....more

Sheppard Mullin Richter & Hampton LLP

Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent...more

Holland & Knight LLP

Top Section 101 Patent Eligibility Stories of 2022

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You waited all year for it, so let's get going. But first, some important holiday notes: Looking to do some holiday baking that's a bit different? A couple suggestions: Ok – now to our top Section 101 stories of the year ...more

Fenwick & West LLP

New Patent-Eligibility Bill Introduced to Congress

Fenwick & West LLP on

Subject-matter eligibility under 35 U.S.C. § 101 has been a hot-button issue in United States patent law since 2014, when the U.S. Supreme Court decided Alice Corp. v. CLS Bank Int’l. In that case, the Supreme Court decided...more

McDermott Will & Emery

New Patent Eligibility Bill May Impact What Subject Matter Is Patentable

McDermott Will & Emery on

On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022. Senator Tillis’s bill addresses patent subject matter eligibility by modifying 35 U.S.C. § 101 to mitigate areas in...more

Fox Rothschild LLP

The Patent Eligibility Restoration Act of 2022. What You Need to Know.

Fox Rothschild LLP on

A new bill currently pending in the U.S. Senate could have significant implications on what can and can’t be patented in the United States. The Patent Eligibility Restoration Act of 2022, introduced Aug. 2 by Sen. Thom...more

Holland & Knight LLP

Patent Eligibility Roundup: New Legislation, Call for Comments, Delaying Eligibility

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We have a few brief Section 101 updates starting, unsurprisingly, with … Roughly one month after the U.S. Supreme Court rejected the American Axle petition, Sen. Thom Tillis (R-NC) has released the first draft of his Patent...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

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In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

Holland & Knight LLP

Patent Reform: An Interview with Alex Moss, Attorney at Electronic Frontier Foundation

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Alex Moss is a staff attorney on the Electronic Frontier Foundation (EFF) intellectual property team, focusing on legal issues that affect innovation and creativity of all kinds. She is specifically interested in Section 101....more

Downs Rachlin Martin PLLC

Current State of Patent Eligibility and Potential Reform

Will there be patent eligibility reform following the Senate Committee hearings? Major points of contention during the hearings were (1) the patentability of human genes, (2) whether proposed changes to 35 U.S.C. § 112(f)...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Coons/Tillis Proposal

Fenwick & West LLP on

In April, Senators Coons and Tillis proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely codified the Patent Office’s...more

Wilson Sonsini Goodrich & Rosati

Bipartisan and Bicameral Draft Bill Aims to Reform U.S. Patent Subject Matter Eligibility Law

Recently, a bipartisan, bicameral draft bill was introduced as part of an ongoing effort to reform U.S. patent subject matter eligibility law. In this alert, we discuss relevant background leading up to the draft bill, the...more

Knobbe Martens

101 Patent Reform Progressing in Congress

Knobbe Martens on

On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants. The draft bill would change the...more

Snell & Wilmer

Legislators Propose Patent Eligibility Overhaul

Snell & Wilmer on

In April, we posted an article titled “Section 101 in 2019” summarizing the existing patent eligibility test, discussing recent Federal Circuit decisions, and providing practical strategies for practitioners to navigate the...more

Sunstein LLP

May 2019 IP Update: Bipartisan Legislation Develops to Remove Supreme Court Roadblocks to Biotechnology and Computer Science...

Sunstein LLP on

On April 17, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with a bipartisan group of three members of the House of Representatives, announced the release of a framework on Section 101 patent reform. Senators Tillis...more

Troutman Pepper

Recent Proposal for Section 101 Reform

Troutman Pepper on

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101.  The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug...more

Sheppard Mullin Richter & Hampton LLP

Returning to the Status Quo? – Proposed Outline for Section 101 Reform

On April 18, 2019, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), along with Representatives Doug Collins (R-GA), Hank Johnson (D-GA), and Steve Stivers (R-OH), released a bipartisan framework for 35 U.S.C. § 101...more

Foley & Lardner LLP

Is 101 Relief in Sight?

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Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) released a plan to revise Section 101 of Title 35 of the U.S. Code relating to U.S. patent law, reports Alexis Kramer of Bloomberg Law. As reported by Ms. Kramer, the...more

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