Why a 40-year-old SCOTUS ruling against software patents still matters today
“A generalist court can weigh the overall balances of patent law somewhat better than a court that is so in the weeds it doesn’t necessarily see all the implications for the larger public,” argues Charles Duan, a patent law expert at the R Street Institute.
“There are all these different doctrines that are supposed to deal with [overly broad patents],” Duan told Ars. “The Federal Circuit has cut back on every single one. We’re faced with a situation where we have no tools left” to rein in abusive patents.