June 10, 2020 Perspective

Do Not Discriminate—A Guiding Principle of Patent Reform

George W. Jordan III

©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, 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.

When you think of patent reform, nondiscrimination likely does not spring to mind, and yet “do not discriminate” ought to be a guiding principle. Time and again when legislative or administrative patent reform has been proposed, the ABA-IPL Section has urged nondiscrimination on the basis of the subject matter, field of invention, or field of technology. As the laws advanced, our advocacy has maintained allegiance to this principle.

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