Imminent Tillis Bill Expands Eligibility, Protects Diagnostics

A new bill to codify exceptions to patent eligibility will override case law that is unclear about what inventions are considered abstract and also made it difficult to receive patents on diagnostics. Under the proposed Patent Eligibility Restoration Act of 2022, inventions with technological components would be patent eligible, while only some exclusions would be enforced. The new approach would be more in line with the way in which Europe handles patent eligibility. Law360 interviewed Finnegan partner Maeve O’Flynn for her thoughts on how codified exclusions have impacted patent eligibility in Europe.

Maeve said, “Generally, we know where we are in Europe. That gives you a certain amount of certainty about what you need to get a patent.”

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