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« Senators Tillis and Coons Release Statement on Recent Patent Reform Hearings | Main | Supreme Court Strikes Down Ban on "Immoral and Scandalous" Trademarks »

June 26, 2019


"[T]he Senators state that '[w]e will also consider ideas for reinforcing Section 112 of the Patent Act, which should operate to prevent inventors from claiming all possible solutions to a problem while also serving to protect inventors against those seeking to profit on trivial modifications.' There is much possible mischief in that statement, but these Senators are due the benefit of the doubt... ."

I agree on both counts. The senators are due the benefit of the doubt here, but also there is much possible mischief in that statement. It would have been better if they had, instead, written that "Section 112 of the Patent Act should operate to prevent inventors from claiming *more solutions to a problem than the inventor has actually invented* while also serving to protect inventors... [etc]."

The statement of:

"(although again, to be fair, the Supreme Court undoubtedly did not intend the consequences of its rather Delphic pronouncements on patent subject matter eligibility)."

is certainly debatable.

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