BPLA Endorses Joint IPO-AIPLA Proposal Concerning
Section 101 of the Patent Act
Boston
– The Boston Patent Law Association
(BPLA) announced its support of the Joint IPO-AIPLA Proposal Concerning Legislative Amendment of 35 U.S.C. § 101
, which relates to subject matter that is eligible for patent protection. The support was announced following significant consideration and discussions with members of the BPLA, IPO (Intellectual Property Owners Association), AIPLA (American Intellectual Property Law Association), and NYIPLA (New York Intellectual Property Law Association), among others, and a unanimous vote by the BPLA Board of Governors to support the Joint Proposal.
While acknowledging there is likely no perfect legislative solution, Rory P. Pheiffer, President of the BPLA and a partner at Nutter, states, “this proposed amendment to Section 101 will clarify the murkiness that has ensued in response to the Supreme Court’s decisions in
Mayo, Myriad,
and Alice
. Consistency is essential to a strong patent system, and this solution will keep the United States at the forefront in embracing innovative new technologies.”
The BPLA believes the principal problem with the
current Section 101
is the way it is applied by the judiciary. Inconsistent judicial interpretation leaves patent owners, patent examiners, and the general public uncertain about what types of innovations are and are not patent eligible. While the BPLA anticipates some work will need to be done to ensure particular benefits, intentions, and goals of the Joint Proposal are clearly articulated in any ensuing legislative history, the BPLA is supportive of the Joint Proposal because it achieves the goals of:
- Providing greater certainty as to what constitutes patentable subject matter;
- Allowing for innovative developments in sectors such as software and diagnostics to be considered patent eligible;
- Focusing the subject matter eligibility evaluation on the invention as a whole; and
- More clearly separating the Section 101 analysis from analysis under any of Sections 102, 103, and 112.
The BPLA will lend its support to IPO, AIPLA, and Congress to help see this amendment to Section 101 to fruition.
