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Intellectual Property Law

New Matter FALL 2019, Volume 44 Number 3

Bypassing Highway [35 U.S.C. Section] 101: Congress in Search of an Alternative Route to Patent Eligibility

D. Benjamin Borson

Borson Law Group P.C.

Introduction

This article is intended to address one ofthe most contentious issues in US patent law, namely, patent eligibility. It will address: (1) a draft proposal to overhaul the current law, (2) the recent decision by the Court of Appeals for the Federal Circuit, Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Slip Op. 2017-2508 (Fed. Cir. 2019), denying en banc review of their earlier decision, (3) a recent Australian decision in Sequenom Inc. v. Ariosa Diagnostics, Inc., FCA 1011 (2019), a counterpart of the Federal Circuit decision in Airosa v. Sequenom, and (4) the 2019 USPTO guidance on patent eligibility.

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