A conflict exists between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter and non-patentable products of nature. The Supreme Court has made conflicting statements regarding that line in its rulings in Funk Bros. and Myriad Genetics. It is time for the Supreme Court to resolve the inconsistencies in their rulings on 35 U.S.C. § 101… This case is an ideal vehicle for providing the clarification the patent and investment community require. At issue is how to determine whether something is a product of nature under 35 U.S.C. § 101.
The post Where is the line between patentable subject matter and non-patentable products of nature? appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Federal Circuit Issues Precedential Order Denying Mandamus Relief for SAP, Despite District Court Errors
- CAFC Affirms Dismissal of Opposition to iVoters Marks But Hints USPTO Should Reconsider Registration
- Why Creativity and Ownership Are Crucial to Innovation | IPWatchdog Unleashed
- Can Judge Hughes Course Correct the CAFC on Prosecution Laches?
- Other Barks & Bites for Friday, April 4: CAFC Corrects Date of Public Accessibility in Trade Secret Appeal; Sixth Circuit Issues Divided Opinion in Data Privacy Appeal; and OpenAI Urges Broad Copyright Exception in UK