Duffy advocates for a USPTO Director prioritizing an expansive, text-focused approach to patentable subject matter, crucial due to the rapid evolution in information technologies in the 21st century.
The landscape of patent eligibility has been fundamentally reshaped by rulings like Alice and Mayo, leading to a narrowing that many in the field, including Duffy and myself, see as problematic for innovation.
Despite significant changes making patents harder to obtain, the allowance rate has surged to the highest levels in the past 15 years, indicating a complex relationship with patentability.
Duffy emphasizes that the next USPTO Director must robustly examine obviousness as a central doctrine in patentability, building on his influential role in the KSR v. Teleflex ruling.
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