Restoring the U.S. patent system comes down to cooperation. The other side that has wanted to have patents eroded have been enormously coordinated in their efforts. Those of us who are on the pro-patent side have been fractured.
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On June 19 it will be five years since the United States Supreme Court issued a decision in Alice Corp. v. CLS Bank, which significantly changed the way courts and patent examiners evaluated patent eligibility of computer-implemented innovation in the United States.
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The inventor of a new and useful invention is always in the best position to describe it. The problem lies with the reality that most inventors don’t understand what needs to be described in order to satisfy U.S. patentability requirements. What is relevant to patentability—and almost universally ignored by do-it-yourself inventors—is how the invention is different compared to the prior art on a structural, mechanical level.
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Senators Thom Tillis (R-N.C.) and Chris Coons (D-Del.) have written U.S. Patent and Trademark Office Director Andrei Iancu, raising a concern about what can be characterized as the weaponization of the Patent Trial and Appeal Board (PTAB).
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Court must return to first principles to determine subject-matter eligibility. Somewhere along the way, the federal circuit has forgotten what we all learned as first-year law students.
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