Any confusion as to what concepts and ideas are not eligible to be protected by patents is to be decided according to the new bill. The bill introduced by Senator Tillis is to follow any inaction on complex intellectual property matters by the Supreme Court.
Senator Thom Tillis introduced a bill to reform patent eligibility standards. Tillis said the bill ‘addresses concerns regarding inappropriate eligibility constraints by enumerating a specific but extensive list of excluded subject matter’ … pic.twitter.com/rxRawSgVId— Legal Mogul (@theLegalMogul) August 4, 2022
Legal practitioners are hopeful that this Act will solve the ambiguity existing around Section 101 of The Patent Act, which states that “ Whoever invents or discovers any new and useful process, the machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
Patent eligibility law has been criticized due to its unclear, restricted, and confused take on modern-day patents.
The Patent Eligibility Restoration Act will not have naturally occurring matters under its purview. Mathematical formulae, human genes in their natural format, thought processes, all these are to be excluded from the applicability of this Act.
NEW: Sen. Thom Tillis unveiled a bill that aims to clarify the muddled case law around patent eligibility, a little over month after the Supreme Court's denial of American Axle. https://t.co/haWofArCzg— Samantha Handler (@sn_handler) August 3, 2022
The bill’s purpose is “To amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes.”
There have been speculations about the Act being expansive to the point that it could usher in multiple infringements over the IT industry. However, advocates of the Act have argued that having a clear list of matters eligible under the Act could provide a simple yet authentic guide to the existing eligibility requisites and constraints.