The Supreme Court’s Impact on Patent Law

In our continued discussion of patent law, I found this article entitled, “How Much Has the Supreme Court Changed Patent Law” to offer an interesting take on the impact of SCOTUS decisions on patent law. The author, Paul Gugliuzza, is responding to an article by Judge Dyk which claims that Supreme Court’s decision have had a major impact on patent law. Dyk cites the 70% reversal of the Federal Circuits decisions as evidence for SCOTUS’ impact. But Paul thinks the Supreme Court’s impact has been more limited. He cites the lack of cases involving fundamental legal doctrines of patent law and the minimalist approach to opinion writing taken by the Supreme Court as two reasons for the lack of impact. Paul suggests “that the Supreme Court may be too focused on ares of patent law with little potential to fix key problems in the patent system and that the Court often limits the impact of its decision by inadequately explaining how lower courts and the PTO should implement them.” To Paul, this had made the court “content to nibble around the edges of patent law.”

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