Benjamin Appelbaum, Attorney at Law

Congress may fix eligibility requirements for patents

A bill in the United States Congress may change the eligibility requirement for patents regulated by Section 101. It would restrict statutory exceptions to only a few categories, including mathematical formulas, mental activities and fundamental scientific principles. The new framework, which could end up affecting IP law in New Jersey and every other state, has support from both Democratic and Republican lawmakers. Public hearings will eventually be held about the issue.

A main goal of this new legislation is to give Congress greater power over the eligibility requirements for patents and to take power away from judges. Advocates of the change argue that eliminating the non-statutory judicial exceptions is a big necessity for stakeholders under intellectual property law. They also want the statutory language to be very limited and narrowly tailored.

A specific issue advocates wish to address has to do with extra-solution activity. Currently, the Supreme Court and Federal Courts do not consider additional information that is tangential or incidental to the original claim when deciding whether or not a product is patentable. Advocates of change believe this policy is detrimental to many different industries, including artificial intelligence and medical diagnostics. The proposed changes are designed to reward innovation in many different industries.

Individuals and businesses who depend on patent law may benefit from legal guidance. Representation may be helpful in situations when a patent is rejected. A lawyer might be able to negotiate with a patent examiner or find other legal remedies. When all easier options are exhausted, an attorney can file an appeal in court and make arguments in favor of a reversal. It's the responsibility of an attorney to protect the financial interests of the client whenever possible through intellectual property law.

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Benjamin Appelbaum, Attorney at Law - Intellectual Property

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