Sunday, June 28, 2015

Dennis Crouch's Patently-O: Next Step: Substantive Harmonization of Patent Eligibility?

Dennis Crouch's Patently-O: Next Step: Substantive Harmonization of Patent Eligibility?

Link to Patently-O ยป Patent

Next Step: Substantive Harmonization of Patent Eligibility?

Posted: 27 Jun 2015 08:55 AM PDT

Broad subject matter eligibility had a strong run from 1980-2014. Although eligibility in the U.S. was broad, Europe was somewhat more narrow on various fronts.  With Alice Corp v. CLS Bank and Mayo v. Prometheus, that framework is now historic. Although some amount of shaking-out is still ongoing, in many ways European subject matter eligibility is now broader than U.S. eligibility.

Now that those of us favoring broad eligibility have been taken-down several pegs, we may now have ripe timing for substantive harmonization on eligibility grounds both with Europe and through the Trans-Pacific-Partnership (TPP).

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