Clarity on Patent Eligibility Sought From Courts, Congress, PTO

A recent study by the US Patent and Trademark Office regarding the current state of patent eligibility jurisprudence is a good, if small step in the right direction, attorneys say.

The report, issued last week, found a split among practitioners on whether the current state of patent eligibility jurisprudence is tenable. Companies facing costly litigation related to “overbroad” patents, particularly in the software field, backed the status quo, while startups and life-sciences companies argued that limiting eligibility stifles innovation and favors large, entrenched companies.

What was missing, according to practitioners, was a clear indicator regarding the PTO’s stance or ...