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