Partner Mauricio Uribe was quoted in the Law360 article “Eligibility Bill Gives Attys Relief, Even With ‘Squishy’ Terms.” The article discusses a bill introduced by Senators Thom Tillis and Chris Coons last week that would redefine patent eligibility when it comes abstract ideas or natural phenomena.
Uribe opines that proposed legislation will force the courts to do more or less what the US Patent and Trademark Office (USPTO) has been doing since 2019. He noted that when reviewing patent eligibility, the USPTO uses guidance provided in 2019 which the courts have not yet adopted. This creates an unusual parallel framework for examination at the USPTO and invalidity in federal district court. “At that point, it’s the same test: apples to apples from examination to litigation,” Uribe said.
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