Patent eligibility law is clear and predictable
Alex Moss, 24 - the executive director of the Public Interest Patent Law Institute. She was previously at the Electronic Frontier Foundation and a patent litigator at Sullivan & Cromwell. After graduating from Stanford Law School, she served as a judicial clerk to the Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit. “Patent Eligibility Limits are Vital to Innovation, Prosperity, and Public Health” 2/21,
The joint letter opposing PERA directly addresses testimony provided at a recent Senate hearing on patent eligibility. For example, it describes a recent ACLU study showing that current patent eligibility law is clear, consistent, and predictable. According to the study, from 2013 through 2020, the Federal Circuit affirmed patent eligibility decisions at a higher rate than the circuit’s average and at a higher rate than validity decisions under other sections of the Patent Act. Some practitioners may not like the outcomes of patent eligibility decisions under existing law, but the evidence leaves no doubt that those outcomes are consistent and predictable.