Navigating Uncertainty In Digital Health Patent Eligibility

By Joshua Reisberg and Ross Blau (March 2, 2020, 2:00 PM EST) -- As technological innovation in the health care industry progresses to an entirely digital footprint, significant barriers to entry continue to stand in the way of even the most innovative of solutions. 

In the U.S., one key barrier is patent law itself and, in particular, the concept of patent eligibility, currently codified in Section 101 of the Patent Act.[1] Since Congress was granted the power "[t]o promote the progress of science and useful arts,"[2] patent law has evolved as a necessary tool for inventors to obtain compensation for the time and cost of developing their inventions.

Arising from the U.S. Supreme Court's...

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