Patent Reform, Then and Now

79 Pages Posted: 7 Aug 2018 Last revised: 20 Nov 2019

See all articles by David O. Taylor

David O. Taylor

Southern Methodist University - Dedman School of Law

Date Written: July 12, 2018

Abstract

One of the most significant legislative reforms of the U.S. patent system occurred in 1952. Prior to 1952, the patent system found itself languishing, undermined by a confusing non-statutory patentability requirement called the “invention” requirement. In 1952, Congress and the President eliminated it. Today we find ourselves in a situation surprisingly similar to the one prior to 1952. The patent system again finds itself languishing, undermined by a new confusing non-statutory patentability requirement, this one called the “inventive concept” requirement. Today, just like in 1952, there are ongoing calls for Congress and the President to eliminate it. Given the striking parallels between these two eras — and the success of legislative reform efforts in 1952 — I have studied the forces behind the reform of 1952: the problems with the law of the day, the people and groups of people involved in reform efforts, and the circumstances and strategies they used to their advantage to create change. This study has led me to identify various factors that led to the success of those efforts in 1952. In parallel with the study of the history behind the Patent Act of 1952, I highlight the problems with the law today, the people and groups of people involved today in reform efforts, and the circumstances and strategies they might use to their advantage to create change. Moreover, drawing from the factors that led to the success of legislative reform efforts in 1952, I analyze how those same factors may contribute to the success of current legislative reform efforts — or hinder it.

Keywords: patent law, patents, intellectual property, patentable subject matter, eligible subject matter, eligibility, Mayo, Alice, legislation, patent policy

Suggested Citation

Taylor, David O., Patent Reform, Then and Now (July 12, 2018). SMU Dedman School of Law Legal Studies Research Paper No. 400, 2019 Mich. St. L. Rev. 431, Available at SSRN: https://ssrn.com/abstract=3212821 or http://dx.doi.org/10.2139/ssrn.3212821

David O. Taylor (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

HOME PAGE: http://www.smu.edu/Law/Faculty/Profiles/Taylor-David-O

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
149
Abstract Views
1,209
rank
217,046
PlumX Metrics