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August 24, 2022

Comments

You're doing yeoman's work. Thank you!

Two brief responses:

(1) I know that there has been concern (as Mr. Borella expresses above) that the Tillis bill does not adequately address some of the issues that have emerged from Mayo/Alice, but I take comfort in the fact that the EFF opposes the bill. If it really codifies the worst excesses of Alice, the EFF would support---not oppose---the bill.

(2) I have dim hopes of this or any other legislative fix, however, so long as the patent community insists on making the perfect to be the enemy of the good. Over on IP Watchdog[*], folks are cheering on the EFF. These are not anti-software patent folks, but rather *pro*-software patent folks, who consider the bill to be unsupportable. They wish to make common cause with EFF, because they will not support anything short of a perfect bill.

Perfect bills, however, do not arrive often. It is easier to achieve progress towards a saner state of patent law by small steps in the right direction than by one, single wonderbill that sets all wrongs aright. So long as the pro-patent community insists on torpedoing anything short of their Platonic ideal of a patent reform, the EFF is always going to get their wish (i.e., preserving the status quo).

* https://www.ipwatchdog.com/2022/08/22/eff-vows-take-tillis-eligibility-bill/id=151004/

Mr. DeLassus - please note that any "agreement" is based solely on the Tillis bill being a Trojan Horse when it comes to innovations featuring software.

This is NOT a case of "letting the perfect become the enemy of the good."

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