Sunday, October 23, 2016

Subject Matter Eligibility

I gather the USPTO is seeking comments about patent subject matter eligibility.

I am a patent attorney.  I continue to believe that patents are necessary to a healthy economy and to encourage innovation.  I continue to disagree vehemently with those who contend that patents impede innovation, e.g. in the software area.

Patents do prevent some people from using what other people developed, but this does not impede innovation.  It encourages innovation by rewarding innovators rather than thieves.

The actions of the Supreme Court in finding new areas of research to be unpatentable subject matter are deplorable, rooted in ignorance, and damaging to our country and our economy.

To the extent that the PTO can do anything about this, I would hope they would lobby Congress to say that they disagree with what SCOTUS has done.

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