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Everything Is Patentable, Michael Risch
Everything Is Patentable, Michael Risch
Michael Risch
The currently confused and inconsistent jurisprudence of patentable subject matter can be clarified by implementing a single rule - that which is otherwise patentable under the Patent Act is patentable subject matter. In other words, if a discovery otherwise meets the requirements of patentability - namely category, utility, novelty, non-obviousness, and specification - then the discovery will be properly patentable without need to consider traditional non-statutory subject matter issues such as mathematical algorithms, products of nature, or natural phenomena. The primary virtue of the proposed rule is that it provides a more rigorous and consistent doctrinal framework for determining patentability. …