News

Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:

  • an article discussing how the “Federal Circuit rejected a call to clarify the test for when an idea is too abstract to be eligible for a patent”;
  • another article noting “the Electronic Frontier Foundation (EFF)[‘s] . . . campaign against Senator Thom Tillis’ (R-NC) proposed ‘Patent Eligibility Restoration Act of 2022;'” and
  • a blog post highlighting how the Federal Circuit rescinded its “order relating to the unsealing of materials filed in cases docketed ten or more years ago.”

Samantha Handler wrote an article for Bloomberg Law discussing how the “Federal Circuit rejected a call to clarify the test for when an idea is too abstract to be eligible for a patent,” despite calls from the lower courts and attorneys for clarification.

Eileen McDermott authored an article for IPWatchdog noting “the Electronic Frontier Foundation (EFF)[‘s] . . . campaign against Senator Thom Tillis’ (R-NC) proposed ‘Patent Eligibility Restoration Act of 2022.'” McDermott reported that EFF has expressed worry that the bill “would authorize patents on abstract ideas just for including computer jargon, and would even legalize the patenting of human genes.”

Jason Rantanen reported for PatentlyO about how the Federal Circuit rescinded its “order relating to the unsealing of materials filed in cases docketed ten or more years ago.” As he discusses, the Federal Circuit will not longer carry out its order from August 17, 2022 relating to unsealing materials. Rantanen explained that the Federal Circuit’s reasoning for the rescission is based on “insufficient time and considerable” and “unanticipated administrative difficulty.” We reported on the order last week.