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AIPLA Announces Legislative Proposal on Patent Eligibility

May 15, 2017
AIPLA Announces Legislative Proposal on Patent Eligibility

Proposal Addresses the Confusion and Uncertainty Caused By Supreme Court Rulings on Patent Eligibility

Arlington, VA. AIPLA's Board of Directors have approved for release a resolution regarding a legislative proposal to amend 35 U.S.C. § 101 to address significant problems with current patent law. The proposal is intended to provide a clear and objective test for eligibility and to expressly reaffirm the gatekeeping conditions of patentability in Sections 102, 103, and 112.

The Legislative Proposal derives from the work of the AIPLA Patentable Eligible Subject Matter Task Force, which spent over two years considering the current state of the law and a wide variety of alternative solutions. It concluded that the Supreme Court can no longer be expected to remedy the confusion and uncertainty that its rulings have created among the courts, the USPTO, and inventors.

“AIPLA has been advocating on behalf of the intellectual property law system for 120 years, so we appreciate the importance of clear and understandable rules on patent eligibility to encourage investment in future innovation for businesses, startups, and inventors,” said Mark L. Whitaker, AIPLA President. “Our proposal seeks to return Section 101 eligibility to being straight-forward, predictable, and objective; the way it was intended to be.”

To read the AIPLA Legislative Proposal and Report on Patent Eligible Subject Matter, click here.

AIPLA will conduct a President’s Forum addressing this legislative proposal at our upcoming Spring Meeting in San Diego on Friday, May 19, 2017. For more information about this session or the Spring Meeting, click here.

AIPLA, the American Intellectual Property Law Association, was founded in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues. AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community.  
AIPLA Contact:
Kemahl Franklyn 
Marketing and Communications Manager1 703.415.0780