Food, Drug & Agriculture

When parties cannot agree on the meaning of word or phrase in a contract and decide to litigate the dispute, courts have many long-followed rules for interpreting the correct (winning) meaning of the disputed terms. These rules have always assumed one or both of the parties (or their lawyers) was the drafter of the contract.

Patent eligibility under 35 U.S.C. § 101 should be a straightforward threshold question: any “new and useful process, machine, manufacture, or composition of matter” is eligible for protection. Yet over time, this once-clear principle has become anything but.

Although the statute itself has remained unchanged for two centuries, its interpretation has evolved dramatically through judicial