Is Patent Law Technology-Specific?

Title: Is Patent Law Technology-Specific?

Research Question: Is the patent law system unified and technology-neutral, or has it become technology-specific in its application?

Methodology: The researchers analyzed court cases and legal standards related to patent validity and infringement in various technologies, such as biotechnology and computer software. They compared these standards to determine if they were consistently applied across different technologies or if they varied based on the specific industry.

Results: The researchers found that while patent law is designed to be technology-neutral, its application has become technology-specific. They observed that the Federal Circuit has applied different standards in biotechnology and computer software cases, leading to inconsistent results.

Implications: This shift in the application of patent law based on technology could have significant implications for inventors, businesses, and the overall economy. It may lead to unequal treatment of inventions in different industries, hinder innovation, and raise concerns about horizontal equity. The researchers suggest that the use of the "person having ordinary skill in the art" (PHOSITA) standard, which varies based on the level of skill in each industry, may contribute to these issues.

Significance: This research highlights the need for a careful examination of the patent law system to ensure that it remains unified and technology-neutral, providing fair and consistent protection for all types of inventions. It also underscores the importance of understanding the evolving nature of technologies and industries in shaping the application of patent law.

Link to Article: https://arxiv.org/abs/0109107v1 Authors: arXiv ID: 0109107v1