IPO BOARD OF DIRECTORS ADOPTS RESOLUTION ON PATENT SUBJECT MATTER ELIGIBILITY
Last week the IPO Board of Directors adopted a consensus resolution on what should and should not be patent-eligible under 35 U.S.C. § 101.
The resolution is the culmination of approximately 18 months of work involving intensive engagement by Board members throughout. The work was led by a specially appointed Patent Subject Matter Eligibility Working Group consisting of TOM BROWN (Dell Technologies), AARON CHATTERJEE (Microsoft Corp.), ALEXANDER E. LONG (GE Aerospace), COREY SALSBERG (Novartis), JESSICA M. SINNOTT (DuPont), and SAMANTHA GROVER (IPO). IPO thanks the working group members for their dedication in bringing this resolution to adoption.
The resolution calls for clear, predictable, and technology-neutral eligibility standards consistent with U.S. international obligations, including TRIPS, and affirms that the patent system should not discriminate against any field of technology in the grant, exercise, utilization, or enforcement of patent rights. It identifies categories of non-technological subject matter that should remain outside the patent system while affirming eligibility for technological solutions to technological problems, including specific improvements to computer functionality, software, and user interfaces.
The resolution urges eligibility for modifications and applications of natural phenomena, including methods of medical treatment, vectors for gene therapy, and inventions involving genes or naturally occurring materials that have been isolated, purified, enriched, or otherwise altered by human intervention and employed in a useful invention, and calls for abrogation of inconsistent judicial decisions.
The resolution also affirms that concerns about overly broad claiming should be addressed under §§ 102, 103, and 112 rather than § 101.
JOIN THE LATIN AMERICAN PRACTICE COMMITTEE
Latin America is a region of growing IP importance — and IPO’s Latin American Practice Committee is building the knowledge base and relationships to help members navigate it. In 2026, the committee is:
- Researching and developing IPO advocacy positions on IP issues in Mexico, Brazil, Colombia, and Argentina
- Creating a centralized resource repository of case studies and legal updates
- Establishing relationships with government agencies and industry organizations to influence legislation and facilitate knowledge exchange
If you work with IP in Latin America, your perspective is invaluable. Apply to the Latin American Practice Committee today at www.ipo.org/joinacommittee.