Hans Sauer, BIO’s Deputy General Counsel for Intellectual Property, recently testified at the second of three hearings in the Intellectual Property Subcommittee of the Senate Judiciary Committee on the subject of “The State of Patent Eligibility in America.”
The hearings are looking at Section 101 of the Patent Act (35 USC 101) which governs what sort of inventions are eligible for patent protection. Over the last 9 years, the Supreme Court has crafted common law exceptions to patent eligibility that have contributed to confusion over what can be considered for patent protection.
As a result, many innovations are no longer eligible for patent protection. This trend threatens future investment and development in many American industries. BIO has been working with Senators Tillis and Coons (the Chair and Ranking member of the IP Subcommittee respectively) and other stakeholders to craft legislation that would clarify and stabilize this area of the law. The hearings are part of the effort to update the law.
Click here to read Hans Sauer’s testimony.
Click here to watch the testimony.