Comments: Sherry Knowles, who has been vocal in
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Posted On: 05/23/2019 12:20:26 PM
Comments:
Sherry Knowles, who has been vocal in her view that the Supreme Court’s judicially-created exceptions to 101 are unconstitutional, was enthusiastic about the draft text:
I applaud the actions of Sens. Tillis and Coons and Reps. Collins, Johnson, and Stivers to take the lead to address the recent unconstitutional decisions issued by the U.S. Supreme Court in the area of patent eligibility. These decisions have run roughshod over our tripartite system of government, have ignored the sole power granted to Congress to create patent law and are currently having a devastating effect on the creation and protection of innovation in the United States. The United States has led the world in innovation, and must also be the leader in the legal framework for its protection.
I am in favor of the current draft text that was issued on May 22, 2019 by the Subcommittee. It is simple and reaffirms the statutory language that goes back to the first codification of the Patent Act in 1790, and which has been repeatedly recodified by Congress through the 1952 Patent Act. It is the law that motivated the great inventions of brilliant scientists. I am especially grateful that the Subcommittee is willing to take a strong stand to demand that no implicit or other judicially created exceptions to subject matter eligibility, including “abstract ideas,” “laws of nature,” or “natural phenomena,” may be used to determine patent eligibility under section 101, and that all cases establishing or interpreting those exceptions to eligibility are hereby abrogated. Well done.
Sherry Knowles, who has been vocal in her view that the Supreme Court’s judicially-created exceptions to 101 are unconstitutional, was enthusiastic about the draft text:
I applaud the actions of Sens. Tillis and Coons and Reps. Collins, Johnson, and Stivers to take the lead to address the recent unconstitutional decisions issued by the U.S. Supreme Court in the area of patent eligibility. These decisions have run roughshod over our tripartite system of government, have ignored the sole power granted to Congress to create patent law and are currently having a devastating effect on the creation and protection of innovation in the United States. The United States has led the world in innovation, and must also be the leader in the legal framework for its protection.
I am in favor of the current draft text that was issued on May 22, 2019 by the Subcommittee. It is simple and reaffirms the statutory language that goes back to the first codification of the Patent Act in 1790, and which has been repeatedly recodified by Congress through the 1952 Patent Act. It is the law that motivated the great inventions of brilliant scientists. I am especially grateful that the Subcommittee is willing to take a strong stand to demand that no implicit or other judicially created exceptions to subject matter eligibility, including “abstract ideas,” “laws of nature,” or “natural phenomena,” may be used to determine patent eligibility under section 101, and that all cases establishing or interpreting those exceptions to eligibility are hereby abrogated. Well done.
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