Intellectual Property Law
New Matter FALL 2019, Volume 44, Number 3
Content
- 2019 New Matter Author Submission Guidelines
- 44th Annual Intellectual Property Institute
- Case Comments
- Cla Ip Section Staff
- Contents
- Copyright News
- Federal Circuit Report
- Intellectual Property Section Executive Committee 2018-2019
- Intellectual Property Section Interest Group Representatives 2018-2019
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Report of the Delegation of the Intellectual Property Law Section of the California Lawyers Association to Washington, D.C.
- Rule Changes Affecting Trademark Practitioners
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Tips and Pitfalls of Udrp Proceedings
- Ttab Decisions and Developments
- Bypassing Highway [35 U.S.C. Section] 101: Congress in Search of an Alternative Route to Patent Eligibility
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.