The amendment would simply deem tax planning methods to be unpatentable subject matter.
The amendment defines “tax planning method” as a plan, strategy, technique or scheme that is designed to reduce, minimize or defer, or has, when implemented, the effect of reducing, minimizing or deferring, a taxpayer’s tax liability.
The amendment specifies that this prohibition takes effect on the date of enactment, and that it shall apply to any patent or application for a reissue patent that is:
(A) filed on or after the date of the enactment of this Act; or
(B) filed before that date if a patent or reissue patent has not been issued pursuant to the application as of that date.
The amendment also specifies that the prohibition shall not be construed to validate any patent that may have issued before the date of enactment.
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