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November 10, 2021


I like at least some parts of the subject matter eligibility proposal, though. At least with regard to life sciences/diagnostics, the present case law is rather - let's say - interesting - at least for a European.

As noted in several other places, one question worth being answered is why is this NOT a bipartisan effort?

If Democrats got behind it, the Republicans would be obliged to oppose it.
Seems to me that, as part of this back-to-the-good-old-days project, the US would have to bail out of some treaty obligations.

Mr. Demers,

I do not see what "bail out of some treaty obligations" would be impugned.

Quite in fact, the current ALLOWANCE of the the Court's re-written patent laws can be said to violate current treaties (clearly the Supreme Court's muckery involves "technology" [no matter how defined] that the TRIPS treaty provides as a baseline to be protected.

As I read your comment (and I could be in error), you appear to think that entering into the legislation somehow causes a Treaty issue. Would love to hear more about that.

“But like a belief in Santa Claus, passage of this bill is a pleasant… fantasy.”

The first iteration of the AIA was introduced in 2005 by Rep. Lamar Smith (R-TX). It took years of patient revision and coalition building for Smith eventually to get the bill passed in 2011. In other words, when one speaks of a bill being unlikely to pass, it is important to qualify over what time horizon one means. If Rep. Massie scales back his ambitions and sticks with this effort, it is not crazy to suppose that he will eventually achieve some of his aims, just as Rep. Smith did with enough patience and willingness to compromise.

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