Eligibility, IPRs, and Diversity: The Faces of 2024 Patent Reform

by Dennis Crouch

Senator Coons and Tillis are pushing three primary patent bills through the Judiciary Committee,

  • S. 2220, the PREVAIL Act (tightening IPR procedure)
  • S. 2140, the Patent Eligibility Restoration Act (PERA) (limiting eligibility law)
  • S. 4713, the IDEA Act (measuring demographics of inventors).

Although the committee markup was set for September 19, it has now been postponed until the 26th.  It appears that a number of Senate committee members have taken issue with the proposals and an extra week is needed to negotiate through those.  Sen. Whitehouse mentioned that he, along with a number of colleagues, have been hearing from constituents opposed to the legislation.  I expect lobbying will be high.


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Managing tipping payments is an administrative problem, not a technological problem

by Dennis Crouch

This is the third eligibility post in as many days.  In a non-precedential decision issued September 10, 2024, the Federal Circuit affirmed the PTAB's rejection of claims in a patent application directed to eliciting tips for media content -- finding them ineligible. In re McDonald, No. 24-1015 (Fed. Cir. Sept. 10, 2024).

The applicant here is a Utah start-up VidAngel, Inc., that helps folks "Filter out the stuff you don’t want to see or hear in your streaming movies & TV shows, like profanity, nudity, violence & more.  But, the invention here has a different focus - it is a setup for eliciting and receiving tips from consumers of media content like streaming movies.


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