I recently took another look at the Joint AIPLA-IPO Proposal on Patent Eligibility that was prompted by the scheduling of a discussion meeting by the Minnesota Intellectual Property Law Association. I confess that I did not participate in either the AIPLA’s proposal process and cannot attend the upcoming MIPLA meeting but, nonetheless I have some thoughts.
The Joint Proposal to amend section 101 reads as follows:
“Eligible Subject Matter
(a) Whoever invents or discovers, and claims as an invention, any useful process, machine, composition of matter, or any useful improvement thereof, shall be entitled to a patent therefor, subject only to the conditions and requirements set forth in this title.
Sole Exceptions to Subject Matter Eligibility
(b) A claimed invention is ineligible under subsection (a) if and only if the claimed invention as a whole (i) exists in nature independently of and prior to any human activity or (ii) is performed solely in the human mind.
Sole Eligibility Standard
(c) The eligibility of a claimed invention under subsections (a) and (b) shall be determined without regard to:
1. The requirements or conditions of sections 102, 103, and 112 of this title;
2. the manner in which the claimed invention was made or discovered; or
3. whether the claimed invention includes an inventive concept.”