Patent eligibility has been a hot topic in intellectual property law for over a decade. Within the last year, the U.S. Supreme Court’s interest in the topic, suggested legislation to remodel the law, and actions by the Federal Circuit and patent office have given attorneys a lot to consider. Law360 interviewed Finnegan partner Paul Browning for his thoughts on what to expect from the Federal Circuit and the U.S. Patent and Trademark Office (USPTO) in the coming year as it relates to patent eligibility.
“I personally don't think there's much hope and additional clarity from the Federal Circuit, just because they've acknowledged they're sort of at an impasse,” Paul said. Regarding changes at the USPTO, Paul suggested, “Is the patent office going to be issuing claims that will later be found not patent eligible because the courts are taking a different approach than the PTO? That's a distinct possibility. So it's sort of an interesting area to watch."
Read “Are Winds of Change Finally Blowing on Patent Eligibility?”
