What is an Invention? A Review of the Literature on Patentable Subject Matter
36 Pages Posted: 6 Sep 2009 Last revised: 1 Jun 2014
Date Written: September 3, 2009
This work is a critical review of the literature on patentable subject matter. It examines the central feature of modern patent law - the “invention” - at an international and comparative level. As with most codified terms intended to have wide-ranging, prospective applicability, it is usually left undefined, or if defined, is usually drafted broadly and permissively. Despite the hallmarks of patentability (namely, novelty, inventiveness, and industrial applicability), some courts and academic commentators have questioned whether there still needs to be an invention in the first place, before one even considers its patentability.
Keywords: patents, subject matter, patent eligible, subject matter eligibility, patentable
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