In recent years, one of the most important and controversial developments in U.S. patent law relates to the standard for whether an invention is “patent eligible,” or in other words, whether an invention falls within the scope of subject matter that is capable of being patented.
Reflections on Potential Legislative Reform of the Patent Eligibility Standard
In the last five years, the courts have instead began wading into policy setting without the tools and resources to fully consider all the issues and various interests. Thus, the recent congressional efforts to consider these questions is welcome and, frankly, overdue.
By
Nicole D. Galli
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