Answers to Written Questions for the Record of David O. Taylor before the United States Senate Judiciary Committee, Subcommittee on Intellectual Property: The State of Patent Eligibility in America

Abstract

Here I provide answers to written questions received from Senators Tillis, Blumenthal, and Hirono as part of their consideration of proposed amendments to the patent statute to address current problems with patent eligibility law. I explain why patent eligibility law is in a state of crisis, and in particular how my research has demonstrated risks of under investment in research and development as a result of the Supreme Court's changes to patent eligibility law. I analyze the impact of returning patent eligibility law to its historical scope, focusing on the impact on industry, consumers, and prices. I explain why congressional intervention is necessary, but why the proposed field of technology test is suboptimal. I highlight the role of Congress in addressing moral and ethical concerns with patenting some technologies. I discuss how the proposed change to the disclosure requirement is unnecessary, over-broad, and problematic. I also discuss the lack of a need to codify the double-patenting doctrine. Finally, I analyze potential due process and takings arguments related to the proposed amendments.