Eligibility – fundamental requirement

Toshiko Takenaka

Chapter 4 in The Law and Theory of Patents, 2026, pp 62-91 from Edward Elgar Publishing

Abstract: This chapter analyzes patent eligibility and exceptions from patentability. Eligibility sets the threshold for protecting inventions, yet neither TRIPS nor major national statutes define “invention” or “technology,” leaving jurisdictions to draw these boundaries. The U.S. adopts a negative approach, excluding laws of nature, natural phenomena, and abstract ideas unless an application contains an “inventive concept.” The EPC excludes discoveries, scientific theories, mathematical methods, and computer programs “as such,” but recognizes eligibility when these concepts are implemented through technical means. Japan uses a broader affirmative definition, treating inventions as technical ideas utilizing natural laws, allowing eligibility even for business‑related inventions that employ physical tools. Despite differences, all systems struggle to maintain coherent boundaries as biotechnology, AI, and digital technologies blur distinctions between technical and non‑technical subject matter.

Keywords: Patent eligibility; Exceptions to patentability; Technology; Morality; Odre public; Medical methods (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035310425
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781035310432.00009 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 403 Forbidden

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:22241_4

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Jack Sweeney ().