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ARTICLE · 03 JUNE 2019

Congress Releases Draft Patent Eligibility Legislation

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Congress has taken an important step along the road to reforming patent eligibility law.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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Congress has taken an important step along the road to reforming patent eligibility law. As announced in this press release, Senators Tillis (R-NC) and Coons (D-DE) and Representatives Collins (R-GA-9), Johnson (D-GA-4) and Stivers (R-OH-15) have released a "bipartisan, bicameral draft bill" that would revise 35 USC § 101 and eliminate the current role of "judicial exceptions." While patent reform often is a two-steps-forward-one-step-back process, any Congressional action on this issue may be seen as a step in the right direction.

The Draft Patent Eligibility Legislation

The draft bill would make the following changes to the Patent Act:

In 35 USC § 100, subsection (k) would be added:

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