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Recent Proposal for Section 101 Reform

Author: John P. Isacson

4/24/2019

Read the full post at Post-Grant Counsel

Recent Proposal for Section 101 Reform

A bipartisan group of Senators and Representatives recently released a framework for amending Section 101. The group includes Senator Chris Coons (D-Del.) and Senator Thom Tillis (R-N.C.), as well as Representative Doug Collins (R-Ga.), Representative Hank Johnson (D-Ga.) and Representative Steve Stivers (R-Ohio). As Senator Coons stated in a press release:

Today, U.S. patent law discourages innovation in some of the most critical areas of technology, including artificial intelligence, medical diagnostics and personalized medicine.

The group presented a framework to amend Section 101 to limit patentability exclusions, and focus patentability on other sections of the Patent Act, namely Sections 102 (novelty), 103 (obviousness) and 112 (enablement and written description). The framework is reproduced in this post.

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