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Eliminating Judicial Exceptions: The Promise of the Patent Eligibility Restoration Act
The Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? Introduced by Senators Thom Tillis (R-NC) and Chris Coons (D-DE), PERA aims to amend Section 101 of the Patent Act to clarify and restore the criteria for patent subject matter eligibility. This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill. Finally, this article will provide a summary of the status of the bill and its prospects for future legislative success.
Section 101 of the United States Patent Act defines patent-eligible subject matter as any “new and useful process, machine, manufacture, or composition of matter.” The interpretation of this section has been significantly influenced by key Supreme Court cases, particularly Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012) and Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). These decisions have established a two-step framework for determining patent eligibility that has been criticized for its lack of clarity and consistency, leading to unpredictable outcomes. Lower courts and the United States Patent and Trademark Office (USPTO) have struggled to apply the framework consistently, resulting in significant legal uncertainty.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.