Patent Eligibility Needs Congressional Action, PTO Director Says

Patent practitioners hoping for clarity on patent subject matter eligibility in the wake of the Supreme Court’s refusal to take up the issue may have to keep waiting, US Patent and Trademark Office Director Kathi Vidal told Bloomberg Law in a wide-ranging interview on Monday addressing her role and plans at the PTO.

While guidance on subject matter eligibility under US patent law is essential, Vidal said, the question requires congressional action.

Recent precedent has narrowed the eligibility of pharmaceutical and software patents, in particular. And the high court in June bucked the recommendation of the US solicitor general, declining ...