This Note examines doctrinal issues relating to the patentability of nonphysical inventions by assessing a proposal to patent storylines for use in books and movies. Analyzing recent and historical case law regarding the limits of patentable subject matter, this Note identifies four points of doctrinal tension whose resolution will determine the extent to which nonphysical inventions, such as the storyline proposal, are patentable. This Note suggests how the U.S. Court of Appeals for the Federal Circuit should resolve these tensions in upcoming cases and proposes boundaries for the patentability of nonphysical inventions.
Anu R. Sawkar,
Are Storylines Patentable? Testing the Boundaries of Patentable Subject Matter,
76 Fordham L. Rev. 3001
Available at: http://ir.lawnet.fordham.edu/flr/vol76/iss6/13