The US Senate Committee on the Judiciary, Subcommittee on Intellectual Property will be holding a hearing on October 8, 2023 at 2:30 PM EST on “The Patent Eligibility Restoration Act – Restoring Clarity, Certainty, and Predictability to the U.S. Patent System.”  The location is Dirksen Senate Office Building Room 226.  A live video of the hearing will be available here.

I have been asked to testify on China’s approach to patent eligibility issues.  My testimony reviews the scholarship of academics and practitioners regarding the comparative competitive advantages afforded by China’s approaches to patent eligibility issues in a range of technologies, including AI, medical diagnostics, software-enabled inventions, and other areas.  In addition to discussing the relevant US case law and the examination guidelines of both countries, I also hope to discuss how China has continuously been making its patent law open to new subject matter through progressive revisions of the law and legislative oversight. China also generally disfavors imposing restrictions retroactively under its Law on Legislation and has thereby afforded a measure of greater predictability to its past tent eligibility practices.

Most importantly, I believe it is a good sign that Congress is adopting a comparative approach to this important intellectual property issue.

Please listen in and contribute to this important discussion!