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http://ssrn.com/abstract=1485043
 
 

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Brief Amici Curiae of 20 Law and Business Professors in Support of Neither Party in Bilski v. Doll


Mark A. Lemley


Stanford Law School

Michael Risch


Villanova University School of Law

Ted M. Sichelman


University of San Diego School of Law

R. Polk Wagner


University of Pennsylvania Law School

August 7, 2009

Stanford Public Law Working Paper No. 1485043

Abstract:     
The patent statutes were wisely drafted with an expansive vision of patentable subject matter. Efforts to graft judicially created limitations onto that expansive scope in the past have proven fruitless and indeed counterproductive. In deciding Bilski v. Doll, the Supreme Court should not impose a requirement that patentable inventions require a machine or the physical transformation of some material. It should instead maintain the rule that patents are available for "anything under the sun made by man," including discoveries of ideas, laws of nature, or natural phenomena, so long as they are implemented in a practical application. In short, the test should be as it has been: where an idea is claimed as applied, it is eligible for patentability, but if it is claimed merely in the abstract it is not.

Number of Pages in PDF File: 44

Keywords: patentable subject matter, Bilski, patent eligibility, business method patents, software patents

JEL Classification: K3, O3

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Date posted: October 8, 2009  

Suggested Citation

Lemley, Mark A. and Risch, Michael and Sichelman, Ted M. and Wagner, R. Polk, Brief Amici Curiae of 20 Law and Business Professors in Support of Neither Party in Bilski v. Doll (August 7, 2009). Stanford Public Law Working Paper No. 1485043. Available at SSRN: http://ssrn.com/abstract=1485043 or http://dx.doi.org/10.2139/ssrn.1485043

Contact Information

Mark A. Lemley
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
Michael Risch
Villanova University School of Law ( email )
299 N. Spring Mill Road
Villanova, PA 19085
United States
HOME PAGE: http://www1.villanova.edu/villanova/law/academics/faculty/Facultyprofiles/MichaelRisch.html
Ted M. Sichelman (Contact Author)
University of San Diego School of Law ( email )
5998 Alcala Park
San Diego, CA 92110-2492
United States
(619) 260-7512 (Phone)
(619) 260-2748 (Fax)
HOME PAGE: http://www.sandiego.edu/law/academics/faculty/bio.php?id=795
R. Polk Wagner
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
267-433-4431 (Phone)
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