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IP-Video Blast: Legislation in the Aftermath of Alice 101

Media Alert
DALLAS, December 7, 2017 - Though the U.S. Supreme Court’s decisions three years ago in Mayo and Alice interpreted Section 101 of the Patent Act very broadly to expand the breadth of patent-ineligible concepts, the assessment of patent qualified subject matter continues to present challenges for applying the two-step Alice framework. 

In response, this year several prominent intellectual property organizations have proposed legislation aimed at providing increased clarity and predictability to the U.S. patent system.  The Intellectual Property Owners Association, the American Intellectual Property Law Association, and the Intellectual Property Section of the ABA have proposed amendments to 35 U.S.C. § 101 to clarify the scope and exceptions to 101.  

Baker Botts Intellectual Property Partner Christa Brown-Sanford analyzed this topic in her recently published article in the American Bar Association’s Public Domain section, titled “Proposed Legislative Amendments to Patent Eligible Subject Matter under 35 U.S.C § 101.” In the video below, Ms. Brown-Sanford addresses the amendments proposed by these organizations to streamline patent eligibility determinations by addressing the following questions:  

  • Will legislation be proposed to handle the aftermath of Alice
  • What organizations have proposed legislation? 
  • Is there anything similar in the proposal to our current § 101 jurisprudence?
  • What is different in the proposals from current § 101 jurisprudence?

IP-Video Blast: Legislation in the Aftermath of Alice 101

As an IP partner in Baker Botts' Dallas office, Christa Brown-Sanford provides guidance on patent procurement, patent portfolio development, patent litigation, and patent licensing, particularly involving telecommunications, electronics and other cutting-edge technologies. She has assisted companies in developing and managing their patent portfolios and generating revenue from their intellectual property assets through licensing campaigns. 


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