Public comment sought on the current state of patent eligibility jurisprudence and its effect on investment and innovation

The United States Patent and Trademark Office (USPTO) seeks comments from the public regarding the impact of patent eligibility jurisprudence in the United States since the Supreme Court’s 2016 decisions in Mayo and Alice and subsequent Federal Circuit decisions applying the Supreme Court’s legal framework.

The USPTO will use the responses to prepare a report as requested by Senators Thom Tillis, Mazie Hirono, Tom Cotton, and Christopher Coons on how current jurisprudence may have affected U.S. investment and innovation, particularly in critical technologies such as quantum computing, artificial intelligence, precision medicine, diagnostic methods, and pharmaceutical treatments.

Background information about this request, along with detailed instructions on how to submit a comment is available in the Federal Register Notice. The deadline for the submission of comments is September 7, 2021.