The Shifting Scope Of Patentable Subject Matter

Law360, New York (December 17, 2007, 12:00 AM EST) -- Although the scope of patentable subject matter has famously been defined as "anything under the sun made by man," the precise limits of this doctrine remain unclear.

Decisions from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit have been constantly adjusting the boundaries of patentable subject matter in ways that continue to alter assumptions about what is and is not patentable.

These fluctuations have been affecting patent applicants and practitioners in fields such as business methods, software, encryption and biotechnology....
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