FICPI World Congress 2022 // Eligibility: whither the patent system?

The US Supreme Court opinions in Mayo, Myriad and Alice have caused “massive uncertainty and unpredictability” over what is an “abstract idea,” a law of nature or a natural phenomenon and thus not eligible for patenting. The lack of protection in key areas of technology has been said to have a “chilling effect” on investment and to discourage commercial development of potentially valuable inventions. The Federal Circuit has declined to use the USPTO’s guidelines which attempted to reduce the uncertainty, and asked Congress to deal legislatively with the unpredictability the Supreme Court cases have created.

Stakeholders are divided on whether legislative reform is appropriate: a “Pro-reform” group seeks change to provide clarity, while an opposing “Concerned” group of stakeholders are content with the status quo and resist the potential availability of broad exclusive rights. They say innovation in many areas can thrive without patents.

The panel, including former Chief Judge of the Federal Circuit, Paul Michel, one of the leaders of the “Pro-reform” group and an outspoken advocate of the need for legislation, will discuss:

• What should be the reach of patent rights?
• Are current laws are fit for purpose to ensure the patent system delivers on its economic and societal objectives?
• Does the current situation in the US really does result in excessive costs for patent owners, burdens on the courts and patent office, or deleterious impacts on investment decisions and innovation?

Speakers will highlight the respective positions of “Pro-reform” and “Concerned” groups who are negotiating possible legislative changes to 35 U.S.C. § 101; and will explore and compare the current US system with those of Europe and Asia.