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Inventor Update Summer 2019
Inventor Update

Quarterly Patent Review: Summer 2019

Mark Magas | PatHub | Jun. 06, 2019

Legislation

There is a continuing push to clear up patent eligibility issues under 35 U.S.C. § 101. A draft, bi-partisan bill was released by Senators Tillis and Coons on May 22. Importantly, the bill calls to eliminate all judicially created exceptions to patent eligibility, including abstract ideas, laws, of nature, and natural phenomena. Reactions to this bill have predictably been mixed.

Judicial Decisions

There are no major patent cases pending before the Supreme Court.

The Federal Circuit refused to follow the USPTO's new guidelines on eligibility in two cases, leading to even more confusion.

Market

From Richardson Oliver Insights' Patent Market Report, the brokered patent market in 2018 grew to $353 Million. However, the average price per patent asset continued its decline. The main takeaway is that while there is increasing interest from patent buyers, the market price continues to be hamstrung by a tough enforcement landscape. In other major news, Apple settled its patent dispute with Qualcomm for $4.5 Billion.

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