Patent Barbarians at the Gate: The Who, What, When, Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes

Patent subject matter determinations continue to present a moving target in the United States, primarily for biotechnology, software, business methods, and diagnostic methods, with court decisions, patent office policies, and legislative initiatives sometimes expanding, and sometimes contracting, eligibility boundaries. Moreover, decisions in the United States often have repercussions for patenting abroad. This Chapter explores changes in the “who” (players), “what” (disputes), “when” (timing), “where” (venues), “why” (theories), and “how” (mechanisms) of patent eligibility challenges fueling these developments now and for the foreseeable future.