Patent Barbarians at the Gate: The Who, What, When, Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes
Okediji & Bagle, "Patent Law in Global Perspective" Oxford University Press, 2014
31 Pages Posted: 30 Jun 2016 Last revised: 30 Oct 2016
Date Written: June 28, 2016
Patent subject matter determinations continue to present a moving target in the United States, primarily for biotechnology, software, business methods, and diagnostic methods, with court decisions, patent office policies, and legislative initiatives sometimes expanding, and sometimes contracting, eligibility boundaries. Moreover, decisions in the United States often have repercussions for patenting abroad. This Chapter explores changes in the “who” (players), “what” (disputes), “when” (timing), “where” (venues), “why” (theories), and “how” (mechanisms) of patent eligibility challenges fueling these developments now and for the foreseeable future.
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