Abstract inventions continue to confound the patent system. Several recent Federal Circuit decisions have only added to the uncertainty surrounding limitations on the type of inventions that may be patented. Computer algorithms capable of independent, artificial creativity provide a useful case study, revealing weaknesses in the law governing patentable subject matter and testing the workability of proposed solutions. This Note posits that the doctrine governing patentable subject matter is sufficiently vital in theory to limit patent coverage of broadly abstract inventions. To render the doctrine effective in practice, however, requires two changes in how courts apply it. First, courts must apply common law limits on patentability solely as means to ensure that society retains free access to the basic tools of science. Second, courts must limit statutory patentability under § 101 to only those inventions that produce predictable and replicable results when used.
Volume 93 - No. 2
- Note: Copyrighted Laws: Enabling and Preserving Access to Incorporated Private Standards
- Note: Embracing Ambiguity and Adopting Propriety: Using Comparative Law To Explore Avenues for Protecting the LGBT Population Under Article 7 of the Rome Statute of the International Criminal Court
- Note: Getting Back to Basics: Recognizing and Understanding the Swing Voter on the Supreme Court of the United States
- The Value of the Standard
- The Substantially Impaired Sex: Uncovering the Gendered Nature of Disability Discrimination
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