From the Hill

Patent Eligibility: Should Congress Overrule the Supreme Court’s Recent Decisions? Would the Court Overrule the Overrule?

Hayden W. Gregory

©2015. Published in Landslide, Vol. 7, No. 6, July/August 2015, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Following the enactment of major legislation after protracted and intense activity, Congress tends to avoid serious work in that subject matter for a substantial period of time. Rationale expressed for such inactivityincludes a need to catch up on other issues that had been shortchanged for too long and a need to monitor the implementation of the new laws for a considerable period of time before considering further changes. Rationale usually not expressed is the fact that often members of Congress and their staffs are pretty damned sick of seeing their professional lives—and sometimes their personal lives as well—dominated by one area of the law for so long.

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