Uchańska Joanna, The debate of new approach to substantive patent law (SPL) for emerging technology claimed inventions (ET CIs) thanks to their scientification

Software and its patent-(non)eligibility issues have been discussed by patent law jurisprudence and by legislators for decades: to patent or not to patent? During this discussion many legal, economic, and social pros and cons were raised. The software jurisprudence (including i.a. implemented business methods and non-tangible/immaterial/model-based emerging technology claimed inventions (ET CIs)) influenced the semantics of substantive patent law (SPL) strongly. Case by case (from the Patent-Eligibility-Trilogy to the Alice and Bilski cases, being a part of six unanimous cases KSR, Bilski, Mayo, Myriad, Biosig, and Alice) the SPL semiotics has been developed. A new glance at patenting immaterial inventions demanded refined claim construction. This paper discusses primarily the story of the patent-eligibility of software which is a contribution to a discourse of patenting model-based ET CIs which was enabled by using the notion „inventive concepts” when testing them, which in turn in my opinion enables: 1) establishing – via the SPL's scientification viewed as the mathematical definition of all relevant SPL notions – for emerging technology claimed inventions the separation line between patent-eligibility and patent-non-eligibility; and 2) recognizing many logical interrelations between SPL notions .