‘Fencing off’: Protecting market products under US patent law
23-09-2022
Following the introduction of two patent bills into Congress last week, Tracy Hitt, principal at Fish & Richardson, explores the potential effects of the proposed new legislation.
Last week, August 3, US Senator Thom Tillis introduced the Patent Eligibility Restoration Act of 2022, a bill that would codify exceptions to patent eligibility and help to address the uncertainties that exist around what inventions are considered abstract under patent law.
The bill is expected to clarify definitions of patent eligibility and allow for inventions with technological components to be patent-eligible while detailing enforceable exclusions.
The proposed legislation is particularly pertinent following the US Supreme Court’s refusal to take up the patent eligibility issue in American Axle & Manufacturing v Neapco Holdings, and could bring welcome reform to patent protection in the US.
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patents, patent eligibility, Senator Tillis, USPTO, patent examination, Tracy Hitt, Haynes Boone
