The Modularity of Patent Law

Abstract

This article argues that while patent law is nominally a unitary system applying the same rules across all technologies, courts have in practice developed technology-specific applications of patent doctrine that function as distinct sub-regimes. The authors examine how the Federal Circuit has applied doctrines like obviousness, enablement, and claim construction differently across industries. The article proposes that rather than hiding these distinctions behind nominally uniform rules, patent law should embrace a more explicitly modular approach that recognizes the different innovation dynamics of biotechnology, software, pharmaceuticals, and mechanical inventions.

Key Findings

• Patent law applies nominally identical rules to vastly different technologies but achieves different results
• The Federal Circuit has developed implicit technology-specific patent policies
• A more explicit modular approach would better serve innovation across diverse industries
• One-size-fits-all patent standards are poorly suited to the reality of modern innovation

Related Statutes

• 35 U.S.C. § 101-103 (Patent Act)
• America Invents Act

Related Cases

• KSR Int'l Co. v. Teleflex Inc. (2007)
• Alice Corp. v. CLS Bank (2014)