why in US a preemptive claim is patent ineligible and why the absence of complete preemption also does not demonstrate that a claim is eligible.
4
-
1You are presumably talking about claims that preempt all uses of a law of nature. A law of nature is not patentable. A claim that preempted all possible uses of a law of nature is essentially an attempt to patent that law of nature.– George White ♦Commented Mar 6, 2019 at 21:55
-
1@GeorgeWhite Your comment makes a reasonable answer.– Eric SCommented Mar 6, 2019 at 22:04
-
This is well beyond my expertise, but I found the following articles that may provide insight: finnegan.com/en/insights/… and ipeg.com/patentable-subject-matter-and-preemption– Eric SCommented Mar 8, 2019 at 0:00
-
Thanks for sharing. I'll read it and discuss– Rakesh_SharmaCommented Mar 8, 2019 at 4:32
Add a comment
|
1 Answer
You are presumably talking about claims that preempt all uses of a law of nature. A law of nature is not patentable. A claim that preempted all possible uses of a law of nature is essentially an attempt to patent that law of nature.
answered Mar 7, 2019 at 21:58
