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
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