Drive Shaft Ruling May Expand Challenges To Patent Eligibility
The Federal Circuit ruling that a car drive shaft patent is in ineligible has brought forth patent eligibility challenges in the areas of technology. The numerous issues raised in the decision could suggest that mechanical inventions are vulnerable to arguments that a patent is invalid for claiming a natural law.
"It really opens up the ability to be creative for defendants making such arguments. If you're going to fight, you might as well do it early, before there's been discovery, before you've spent all your money on depositions and collecting documents. Maybe it makes sense to take a shot on that," said Intellectual Property attorney Anthony Fuga.