Intuitive Patenting
Patentable subject matter determinations are ultimately based not on judicial doctrines, tests, statutes, or even on the economic rationales underlying the patent system; rather, the fundamental touchstone for what qualifies as patentable technology is simply intuition. Specifically, despite the Federal Circuit’s rejection of “technological arts” as a linguistically bright-line test, patentable subject matter decisions inevitably devolve into what is, at base, an intuitive sense of what constitutes technology of the type protectable under the patent system.
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Intuitive Patenting
Patentable subject matter determinations are ultimately based not on judicial doctrines, tests, statutes, or even on the economic rationales underlying the patent system; rather, the fundamental touchstone for what qualifies as patentable technology is simply intuition. Specifically, despite the Federal Circuit’s rejection of “technological arts” as a linguistically bright-line test, patentable subject matter decisions inevitably devolve into what is, at base, an intuitive sense of what constitutes technology of the type protectable under the patent system.
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Intuitive Patenting
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Product Details
| BN ID: | 2940149975853 |
|---|---|
| Publisher: | South Carolina Law Review |
| Publication date: | 01/14/2015 |
| Series: | Volume 66, Book 1 , #4 |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| Pages: | 40 |
| File size: | 196 KB |
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