News

In a 6-3 Ruling, the Supreme Court has overruled the landmark 1984 Cheveron decision (Chevron U.S.A. Inc. v . Natural Resources Defense Council, Inc. et al., 467 U.S. 837 (1984))  sharply curtailed the power of federal agencies, which would include the USPTO, to interpret and administer the laws for which they are responsible.  While no immediate effect on USPTO operations is expected, long term impact may include curtailment of Agency interpretations of the patent statutes (e.g. Section 101, 102, 103, 112, etc.).

Ken McCallum, head of MI5, has joined intelligence leaders from the US, Canada, Australia, and New Zealand in Silicon Valley to issue a warning about emerging AI threats. McCallum highlighted growing attempts by foreign states to steal competitive advantages. They seek to raise awareness, particularly among smaller companies, about these risks. The five governments have released a set of five principles to help companies safeguard their innovations. They are also discussing ways to strengthen public-private partnerships for collective security. FBI Director Christopher Wray stressed the importance of emerging technologies and the evolving threats they pose.

The proposed Patent Eligibility Restoration Act will eliminate all judicial exceptions to patent eligibility. The proposed bill provides that any invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, would be eligible for patent protection, except as explicitly provided in the newly proposed section 101. The proposed bill further clarifies that only the following inventions shall not be eligible for patent protection: a mathematical formula that is not part of an invention that is set forth in the basic categories above; aA mental process performed solely in the mind of a human being; an unmodified human gene as that gene would exist in the human body; An unmodified natural material that exists in nature; and a process that is substantially economic, financial, business, social, cultural, or artistic. The proposed bill goes on to clarify the statutory exceptions.

The bill is being proposed by Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) and aims to clarify by statute, the disarray created by the Supreme Court in various eligibility related decisions over the past decade or more, in wrestling with the “judicial exception” quagmire resulting from the failure of Section 101 in its present form to clarify the boundaries of eligibility, which is believed, by some, to be a wide doors, through which new inventions that defy categorization can pass through. The text of the proposed bill can be found here: EHF23592 (senate.gov)

The Supreme Court's recent Amgen ruling has ushered in a new era of enablement law. The decision clarifies and strengthens the disclosure requirements for patents, emphasizing the need for comprehensive information about the invention's functionality.

This landmark ruling will have a significant impact on patent applicants, practitioners, and litigators, promoting transparency while striking a balance between innovation and avoiding overly broad patents. The Court's understanding of evolving technology is evident, solidifying its role in shaping intellectual property law.

The Supreme Court has rejected a lawsuit filed by a computer scientist seeking patent rights for inventions created by artificial intelligence (AI).

WASHINGTON—The U.S. Patent and Trademark Office (USPTO) today announced that it has launched a special category of its Patents for Humanity Program for green energy inventions. This new award category will provide business incentives for patent applicants, holders, and licensees whose inventions are addressing the challenges of climate change through green energy innovations, including wind, solar, hydrogen, hydropower, geothermal, and biofuels technologies.