Iancu & Jones Debate Section 101 and Find Common Ground

Clause 8

Clause 8 favorites - former USPTO Director Andrei Iancu and HTIA’s David Jones - return for the first ever Clause 8 debate!

They debate Section 101, find common ground, and discuss possible paths forward for improving the state of patent eligibility in America.

Selected Topics

* Impact of Federal Circuit’s State Street decision: "golden age of business method patents”

* Supreme Court’s Section 101 decisions: Bilski, Mayo, Myriad, and Alice

* Iancu’s role & thoughts about Ariosa v. Sequenom

* Why Jones was concerned after Alice and what changed his mind

* Federal Circuit’s handling of Section 101 after Alice

* Agreement regarding the USPTO’s 2019 Revised Patent Eligibility Guidance

* 77% Rate of Section 101 Rejections in USPTO's AI Tech Group

* Whether the Patent Eligibility Restoration Act (PERA) is a step toward a successful compromise in Congress

* Possible adoption of EPO’s approach to patent eligibility

Notable, Quotable

"Patents are not just any other area of law. Patents are legal instruments, of course, but they're also commercial instruments." - Iancu

"What I think we disagree on is you don't think that the sky is falling when it comes to 101 . . . as is in the United States now, I do think the sky is falling." -Iancu

"Let's make the law clearer. Clearer law is always better." -Jones

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