Congress Set to Address Decade-Long Uncertainty in Patent Law with Section 101 Revisions

As the 119th Congress embarks on its initial session, the debate surrounding Section 101 of the Patent Act may finally receive crucial legislative attention. In the previous session, both the U.S. House of Representatives and Senate introduced bills aimed at clarifying what constitutes patentable subject matter under Title 35 of the U.S. Code. This move signals a potential resolution to a decade-long period characterized by legal ambiguity in this regard. David Carstens at Carstens Allen accentuates the need for this legislative clarity, noting that the uncertainty has lingered for far too long.

For those interested in a detailed analysis, David Carstens explores the implications of these proposed amendments in his article on Law360.