USPTO Seeks Public Comments on Patent Eligibility and its Impact on Innovation and Commerce

Takeaway: From now until September 7, the USPTO wants to hear public comments towards improving patent eligibility and its impact on innovation.

The United States Patent and Trademark Office (USPTO) is asking for public comments on the current state of patent eligibility law and its impact on commerce, in response to requests from a bipartisan group of senators. The Senate wants to take a serious look at patent eligibility to potentially fix issues that particularly impact industry and commerce, specifically since the Supreme Court’s 2016 decisions in Mayo and Alice and subsequent Federal Circuit decisions applying the Supreme Court’s legal framework.

The comment period is open until September 7th, after which a report from the senators is due in March of 2022. If you are interested in sending in a helpful comment, instructions on how to do so can be found HERE.