Patent News

Law Review Article Advocates Supreme Court’s Patent Eligibility Law is Unconstitutional

By Kevin E. Noonan — Sherry Knowles, former chief patent counsel of GlaxoSmithKline, and Dr. Anthony Prosser, a member of her team at Knowles Intellectual Strategies LLC, have written an article recently published in The John Marshall Review of Intellectual Property Law entitled “Unconstitutional Application of 35 U.S.C. 101 by the U.S. Supreme Court.” The authors’ thesis is stark: that the Supreme Court has improperly (and unconstitutionally) arrogated to itself a definition of patent eligibility that is inconsistent with over 200 years of statutory law enacted by Congress under its Article I powers. The authors tracked the legislative history of…

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