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

Emory Legal Studies Research Paper No. 16-415

31 Pages Posted: 30 Jun 2016 Last revised: 30 Oct 2016

Date Written: June 28, 2016

Abstract

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.

Suggested Citation

Bagley, Margo A., Patent Barbarians at the Gate: The Who, What, When, Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes (June 28, 2016). Okediji & Bagle, "Patent Law in Global Perspective" Oxford University Press, 2014, Emory Legal Studies Research Paper No. 16-415, Available at SSRN: https://ssrn.com/abstract=2801815

Margo A. Bagley (Contact Author)

Emory University School of Law ( email )

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Atlanta, GA 30322
United States
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404-727-6820 (Fax)

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