Journal Article

Understanding patent eligibility of new technology in the United States

Charles R. Macedo and Sandra A. Hudak

in Journal of Intellectual Property Law & Practice

Volume 7, issue 12, pages 865-871
Published in print December 2012 | ISSN: 1747-1532
Published online December 2012 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jps165
Understanding patent eligibility of new technology in the United States

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As entirely new technologies have developed over the past two centuries, US patent law has struggled with questions over whether that type of technology should be protectable by patent grants, and if so, to what extent. Historically, this issue was presented with the development of life changing technologies like the telegraph and telephones. More recently, the challenge has been presented with the development of computers and software, financial innovation, the Internet and e-commerce applications. We also see these challenges arising in the life sciences with new methods to diagnose and treat diseases, as well as the isolation and mutation of human and animal genes to create new medical treatments. These types of new developments have always presented a theoretical strain on the underlying rationale for the US patent system and today is no exception. This Article seeks to provide some guidance on the current state of the law, with its evolving and constantly changing standards, and provide tips and best practices on how to navigate the turbulent waters for determining patent-eligibility.

Journal Article.  5580 words. 

Subjects: Arbitration ; Intellectual Property Law

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