Patent News

Jan. 27, 2016

The Hill Opinion: New patent subject-matter eligibility test hurts US competitiveness, by Robert L. Stoll

This post originally appeared in The Hill on January 27, 2016.


The United States has historically been the world leader in providing patent protection for new and emerging technologies. Think about gene sequencing, personalized medicine and computer-implemented technologies that run everything — and America’s dominance in these industries. But due to a series of poorly considered and frequently misapplied Supreme Court decisions, applicants in key technologies such as biotech and software are now facing more stringent criteria for obtaining and keeping patent protection in the U.S. than they are in China, the European Union and other jurisdictions, which reduces America’s global competitiveness.


How did the U.S. position devolve to this point?