4 ms·
This ignores how the patent statute is written. Congress sets extremely broad principles for what is patentable and leaves it to the courts to work out the deta
by binarybits 15y ago
This ignores how the patent statute is written. Congress sets extremely broad principles for what is patentable and leaves it to the courts to work out the details. That process of interpretation inevitably involves making policy judgments.
This isn't unusual. Constitutional concepts like "reasonable search," "cruel and unusual punishment" similarly invite courts to make policy judgments.