February 8, 2022

Assessing the Responses to the USPTO's 2021 Patent Eligibility Study

Holland & Knight Section 101 Blog
Anthony J. Fuga
Section 101 Blog

Last summer, the U.S. Patent and Trademark Office (USPTO) invited "stakeholders to submit written comments" related to Section 101 patent eligibility, including 1) how patent eligibility jurisprudence affects the conduct of your business, 2) how patent eligibility jurisprudence has impacted you and 3) how patent eligibility jurisprudence impacts the United States economy. Interested parties submitted a total of 145 comments in response to the request.

And did I review and analyze each of those comments? No. No, I did not.

But Victoria T. Carrington and Professor Jorge L. Contreras did, and they presented their analysis in a guest post on Patently-O. Their analysis includes discussing the general tenor of the submissions (56.6 percent negative), a breakdown of those submissions by industry (law firms quite negative), the overall demographics of the submissions and looking specifically at some of the more notable submissions (e.g., what does the American Civil Liberties Union (ACLU) think about patent eligibility jurisprudence?).

The entire post is worth your time.

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