Senior Counsel Daniel Rose was quoted in the World Intellectual Property Review
article, “USPTO’s section 101 guidance puts onus on Congress
,” about a recent report by the US Patent and Trademark Office about the damage caused in the wake of the SCOTUS decisions in Alice/Mayo on patentability, but also points to a way out of the quagmire created by those decisions.
Ultimately, there are only two institutions which can provide absolute certainty on patent eligibility: the Supreme Court and Congress. While the Supreme Court appears to have no intention of revisiting the issue as it has consistently refused to review cases dealing with patent-eligibility. Its refusal to do so is “pretty shocking”, Rose said. “The Supreme Court would rather leave it to the Federal Circuit, because they have judges who have scientific and technical backgrounds, or wait for Congress to take action,” Rose argues.