Wish #1: Congress acts to clarify Section 101 Patent Subject Matter Eligibility Standards
Congress should consider legislation to address recent Supreme Court decisions that have unfortunately narrowed the scope of patent protection for life sciences and software technology by expanding judicially created exceptions to patent eligible subject matter. A few companies are pleased with the new law on subject matter eligibility and therefore are vocally opposed to any legislation. However, the PTO Director has highlighted the new uncertainty and unpredictability of this area of the law resulting from the recent Supreme Court decisions, and a large and growing number of associations from the IP community are asking for a legislative solution.
In May 2018, Intellectual Property Owners Association (IPO) and the American Intellectual Property Law Association (AIPLA) – two of the largest IP bar associations – adopted a joint legislative proposal to address concerns regarding current patent subject matter eligibility jurisprudence. Since that time, several other IP and patent bar associations have lent their support for the joint proposal, including the New York Intellectual Property Law Association (NYIPLA), the Boston Patent Law Association (BPLA), the Philadelphia IP Law Association (PIPLA) and the National Association of Patent Practitioners (NAPP).
In an investment strategy first popularized by Warren Buffet, investors are encouraged to seek out companies that are surrounded by a competitive “moat.”
Investopedia, the online financial wiki, expands on this as a business’ ability to protect its competitive advantage, long-term profits, and market share from competing firms. This moat “serves to protect those inside the fortress and their riches from outsiders.”
AT&T and Verizon currently operate behind a moat of market dominance, but these companies did not reach the commanding heights of the wireless industry through organic growth alone.