Nikola Datzov and Jason Rantanen, ‘Predictable Unpredictability’, Iowa Law Review (forthcoming 2024), available at SSRN (26 February 2024. It is hard to think of a patent doctrine – or indeed any doctrine in IP law as a whole – that has received more critical attention over the past decade than patentable subject matter. In a series of four cases from 2010 to 2014, the Supreme Court sparked an ongoing controversy by imposing sharp limits on patenting inventions such as medical diagnostics, human genes, software, and business methods. In the wake of these decisions, an invention may be ground-breaking and important, but nonetheless unpatentable if it falls into the Court’s implicit exceptions to patent eligibility for ‘laws of nature’, ‘natural phenomena’, and ‘abstract ideas’ … (more)
[Lisa Larrimore Ouellette, JOTWELL, 29 April 2024]
Leave a Reply