Free Future

Aerial view of the U.S. Patent Office building; Image source: Cliff/Flickr

Is the "Patent Happy" Patent Office Violating the First Amendment?

By Sandra S. Park, Staff Attorney, ACLU Women's Rights Project at 2:43pm
Last April, during the Supreme Court oral arguments in our case challenging patents on human genes, Justice Kagan remarked, "The PTO seems very patent happy." Her comment, and the unanimous decision invalidating gene patents, clearly expressed the court's concern that the Patent Office is overstepping its authority by approving patents that thwart, rather than foster, scientific inquiry and progress.