The State of Patent Eligibility in America: Testimony of David O. Taylor before the United States Senate Judiciary Committee, Subcommittee on Intellectual Property

72 Pages Posted: 17 Jun 2019 Last revised: 18 Jul 2019

See all articles by David O. Taylor

David O. Taylor

Southern Methodist University - Dedman School of Law

Date Written: June 4, 2019

Abstract

Drawing upon my prior research, this written testimony first summarizes the current state of patent eligibility law, explaining how patent eligibility law is in a state of crisis and why legislative reform is needed to eliminate that crisis. It explains why the Supreme Court is unlikely to resolve the current crisis, why alternative avenues to project inventive efforts and investments are insufficient, and why it is appropriate for Congress in particular to take action to change patent eligibility law. Such action would likely withstand a challenge under the Constitution given that eligibility law is a question of policy appropriately directed to Congress. Not only would legislative reform be permissible, there is broad consensus that it is necessary. This testimony then identifies four basic principles that should guide any legislative effort to correct patent eligibility law, before using those principles to evaluate amendments to the patent statute proposed by Senators Coons and Tillis and Representatives Doug Collins, Hank Johnson, and Steve Stivers on May 22, 2019.

Keywords: Patent Law, Patents, Eligibility, Mayo, Alice, Testimony, Legislation

Suggested Citation

Taylor, David O., The State of Patent Eligibility in America: Testimony of David O. Taylor before the United States Senate Judiciary Committee, Subcommittee on Intellectual Property (June 4, 2019). SMU Dedman School of Law Legal Studies Research Paper No. 427. Available at SSRN: https://ssrn.com/abstract=3399699 or http://dx.doi.org/10.2139/ssrn.3399699

David O. Taylor (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

HOME PAGE: http://www.law.smu.edu/Faculty/Full-Time-Faculty/Taylor.aspx

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