Your Gate to Latin American IP

Diversity of views regarding the current state of jurisprudence in the U.S.

By Ferraiuoli LLC - 14/07/2022

In response to a request from a bipartisan group of lawmakers, the United States Patent and Trademark Office (USPTO) released a report to Congress detailing the results of the Office’s call for comments from the public regarding the impacts of U.S. jurisprudence on patent subject matter eligibility.

In their March 2021 request to the USPTO, Senators Thom Tillis (R-NC), Chris Coons (D-DE), Mazie Hirono (D-HI), and Tom Cotton (R-AR) asked the USPTO to “publish a request for information on the current state of patent eligibility jurisprudence in the United States, evaluate the responses, and provide us with a detailed summary of your findings.”

Their request specifically noted the lack of consistency and clarity in the area of patent subject matter eligibility since the Supreme Court’s 2012 and 2014 rulings in the Mayo and Alice Corp. cases, in which the court enunciated a two-step framework for determining subject matter that is patent eligible.

"Innovation cannot thrive in uncertainty,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “We are committed to making every effort to ensure that the U.S. patent system is as clear and consistent as possible. We are analyzing our own patent eligibility guidance put in place in 2019, implementing the pilot program for deferred examination of patent eligibility, and considering guidance on functional claiming. We look forward to our continued work with Congress and stakeholders on these key issues.”

By Ferraiuoli LLC - 14/07/2022
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Ferraiuoli LLC

Ferraiuoli LLC (FLLC) was founded in 2003 by the late Blas Ferraiuoli-Martínez, Eugenio Torres-Oyola and María Marchand-Sánchez. This group was then joined in 2004 by Fernando J. Rovira-Rullán, thus forming the founding core of FLLC. FLLC has grown exponentially since its founding from a law firm with three attorneys and a support staff of three to its current size of 54 attorneys with a support staff of 38. Also, FLLC has grown from initially being known as an intellectual property and corporate law boutique law firm to a multiservice law firm that handles most matters relevant to a business while continuing to earn praise for its leading intellectual property and corporate practices.

FLLC has been ranked as a leading law firm in Puerto Rico by the professional publication Chambers Latin America in intellectual property, corporate, bankruptcy, labor & employment, real estate, and tax law. Moreover, 17 FLLC partners have been ranked as leaders in their field by the same publication. 4 FLLC partners are ranked as leaders in Intellectual Property, no other firm has more than 2. This recognition in such a short period of time is a tribute to FLLC’s business model.

FLLC prides itself in doing its work faster and more cost-efficiently yet with the same quality as that of its main competitors. The founding name partners are available at all times to attend to client matters. Their work ethic sets the tone for the rest of the firm. FLLC’s founders’ goal has been steady from the outset: become one of the premier multiservice law firms in Puerto Rico.