Can You Patent That? A Review of Subject Matter Eligibility in Canada and the United States
Bibliographic record
Abstract
Exclusions to patentable subject matter are driven primarily by the courts. In this paper, I examine how the courts in Canada and the United States have arrived at their various exclusions to subject matter eligibility. I argue that judicial exclusions from subject matter eligibility ought to be approached narrowly and strictly. Broad categorical exclusions of patentable subject matter by the courts defeat the underlying purposes of the patent system by foreclosing entire avenues of progress ab initio. If the subject matter in question can be made to fit within definition of invention (even if slightly uncomfortably), then the courts should aim to ‘breathe life’ into the bare, and sometimes dated, words of patent statutes. Indeed, patent statutes are drafted with a view to the unforeseen; any judicial interpretation of the word “invention” must give deference to this vision.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.009 | 0.020 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.002 | 0.001 |
| Bibliometrics | 0.020 | 0.029 |
| Science and technology studies | 0.003 | 0.004 |
| Scholarly communication | 0.004 | 0.002 |
| Open science | 0.002 | 0.001 |
| Research integrity | 0.002 | 0.002 |
| Insufficient payload (model declined to judge) | 0.003 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".