Patent Law 101: What?s Wrong And Ways To Make It Right

Patent blogs were lit up after the Supreme Court?s decision in Prometheus v. Mayo. Some have hailed the decision as a ?harbinger of progress to come? while others have denounced it as revealing ?just how little the Court understands the nuances of science, philosophy and language ? let alone the patent law itself.? Describing the decision as ?controversial? is probably an understatement. The opinion focused primarily on Section 101 of the United States Patent Act, which sets out the basic categories of patent eligible subject matter. The statute is short and sweet: "Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore ..." So simple, right?

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