Restoring Clarity to Patent Eligibility by Sticking to the Law

21 / 11 / 2024

The current patent eligibility framework in the U.S. has faced criticism for straying too far from the actual wording of the patent statute. The law clearly states that both "inventions" and "discoveries" are eligible for patents.

However, the courts have introduced various exceptions, like banning patents on "abstract ideas" and "natural phenomena," even though those terms don't appear in the statute. In one case, the Supreme Court even said courts shouldn't add exceptions that aren't in the law.

Yet these troublesome exceptions have persisted, making it confusing to determine what is and isn’t eligible for a patent. For example, some rulings have contradicted the law’s explicit mention of «discoveries» by saying not all discoveries can be patented.

A major issue is the lack of a clear definition for what counts as an «abstract idea.» This has led to some bizarre decisions, like denying patents for tangible inventions like cameras and MRI machines on abstract idea grounds. The inconsistency and unpredictability of these rulings has undermined the patent system.

Experts argue that a return to strictly following the language of the patent statute could bring much-needed clarity. By sticking to the actual law rather than creating new exceptions, the courts could ensure a more stable and transparent framework for determining patent eligibility. Clearing the fog of ambiguity would help the system better fulfill its role of encouraging innovation.

Previous news

Global Patent Filings Hit New High in 2023 Despite Economic Challenges

Patent applications worldwide reached a record 3.5 million in 2023, marking the fourth consecutive year of growth despite economic uncertainty, according to the World Intellectual Property Organization's (WIPO) latest World Intellectual Property Indicators (WIPI) report.

China led with 1.64 million patent filings, followed by the United States (518,364), Japan (414,413), South Korea (287,954), and Germany (133,053). India's rapid economic expansion fueled a significant 15.7% jump in patent filings, reaching 64,480, propelling the nation to the sixth position globally, largely attributed to a surge in domestic applications.

Next news

EUIPO's Strategic Plan 2030: Enhancing Europe's Intellectual Property Landscape

The European Union Intellectual Property Office (EUIPO) has published its Strategic Plan 2030, outlining its vision for intellectual property, viz. EU trademarks and designs, and priorities for the next five years. The plan, which takes effect on January 1, 2025, aims to build a "robust, inclusive, and sustainable IP ecosystem" that supports innovation, competitiveness, and economic growth in Europe.