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Patent-Eligible Processes: An Audience Perspective, Mark D. Janis, Timothy R. Holbrook
Patent-Eligible Processes: An Audience Perspective, Mark D. Janis, Timothy R. Holbrook
Articles by Maurer Faculty
Many of the problems with modern patent-eligibility analysis can be traced back to a fundamental philosophical divide between judges who treat eligibility as the primary tool for effectuating patent policy and those who take patent-eligibility as nothing more than a coarse filter to be invoked in rare cases. After several years in which the coarse filter approach seemed to have the upper hand, the eligibility-as-king approach now is firmly in ascendancy. This Article, resists that trend, exploring more centrist approaches to patent-eligibility, particularly in the context of process inventions. This Article first examines the practice of undertaking an eligibility analysis …
Expressive Eligibility, Mark D. Janis, Timothy R. Holbrook
Expressive Eligibility, Mark D. Janis, Timothy R. Holbrook
Articles by Maurer Faculty
What is the ultimate objective of the patent eligibility inquiry? The recent eligibility case law — a frenzied outpouring of opinions from many esteemed judges — has revealed little while mystifying much. Scholars haven’t fared much better, although it isn’t for lack of trying. Our scholarly colleagues have offered a multitude of intriguing new perspectives on the analysis — drawing on history, the philosophy of science, semiotics, institutional choice, and so on. But we continue to wonder exactly what the eligibility inquiry is for.
In addressing that question here, we’re following a familiar methodological tradition: we propose to reimagine eligibility …