In Law360, IP Litigator Discusses Framework to Rewrite Patent Eligibility Law
IP litigation partner Kevin Post (New York) was quoted in a Law360 article published on April 19 about a new framework released by bipartisan lawmakers working on legislation to rewrite patent eligibility law.
The proposal calls for a bill to discard broad categories that are not patent-eligible, such as abstract ideas and laws of nature, and to create more limited categories including mathematical formulas and fundamental scientific and economic principles.
Mr. Post explains that a law more narrowly defining what is not patent-eligible has the potential for incremental improvement but may generate litigation. He notes that the similarity between the lawmaker’s framework and the U.S. Patent and Trademark Office guidance on eligibility standards could reduce uncertainty and benefit the patent system.