Skip to main content
Congress Should Reform Patent Eligibility Doctrine to Preserve the U.S. Innovation Economy

Congress Should Reform Patent Eligibility Doctrine to Preserve the U.S. Innovation Economy

Adam Mossoff

Summary:

The innovation industries face a judicially created doctrine that permits unbounded judicial decision making in dissecting claims and results in high rates of invalidations of patents. Congress should reassert the primacy of the statutory language it has enacted, reestablish that patent eligibility doctrine is only a limited threshold test as it has historically been applied under the patent statutes, and impose on courts express statutory limits that ensures the test for patent eligibility follows long-standing doctrinal practices in all of the patentability requirements. It is time for Congress to restore balance to a patent system that has historically secured the fruits of inventive labors with reliable and effective property rights in inventions and discoveries.

Read the full report at Heritage.org

Related Articles

Why TikTok Matters

Arthur Herman

Why has the Trump administration declared war on TikTok, your teenager’s favorite new app? Understanding why the administration is making the righ...

Continue Reading

While Streaming Soars, Regulation Strangles Media Incumbents

Harold Furchtgott-​Roth & Kirk R. Arner

The COVID-19 pandemic has forced millions of Americans to work and learn from home. The same goes for entertainment. Without movie theaters, concert...

Continue Reading

Next Steps for US Trade, Manufacturing, and Supply Chains After COVID-19

Thomas J. Duesterberg

The imperative to return supply chains to the United States for products important to national defense, medical security, and competitiveness in key i...

Continue Reading