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USPTO backlog relief? March 31, 2010

Posted by Brian Schar in Patent prosecution, USPTO.

I suppose Judge Sweet’s decision in the Myriad case could be one way to deal with the application backlog at the USPTO.  Elimination of an entire phylum of applications under 35 USC 101 would wipe out a double-digit percent of the USPTO workload.

If business methods, biotechnology, and software don’t qualify for patent protection under 101, and mechanical devices are per se obvious under 103 (as KSR, taken to its logical conclusion, would suggest), then what’s left to patent?  Big EE may be the only player left at the table by the end of the year.

For no good reason on my part, there has been a hiatus on this blog.  I intend to remedy that, and get back to posting at least once a month, with a goal of once every two weeks.  Cross your fingers.


1. dbhalling - April 24, 2010

If Myriad stands and Bilski comes out the way you suggest, you won’t have to worry about a backlog of patents because the US will be a 3rd world country within a couple of years.

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