BPLA Comments Regarding USPTO Subject Matter Eligibility Jurisprudence
The BPLA submitted comments in response to the USPTO’s Patent Eligibility Jurisprudence Study with input from the Board and several committees. Concern was expressed over the reduced predictability of outcomes for inventors and investors seeking to acquire and enforce patent rights. The confusion caused by conflation of issues of anticipation and obviousness with eligibility was also highlighted. Various activity-specific and technology-specific impacts were noted in the context of both domestic and international practice. It was concluded that current patent eligibility jurisprudence creates uncertainty as to the value of patents directed to critical technologies or directly diminishes their value, resulting in numerous downstream effects including reduced investment in R&D.