America's first patent statutes date to the 18th century, when steam engines and cotton gins were cutting-edge. The law that defines what inventions are patentable was written in 1793, and its operative language has not been substantively revised since. It’s little wonder, then, that in recent years, confusion has reigned over what can and cannot be patented. The Constitution calls on Congress to "promote the progress of science and useful arts" by securing exclusive rights for inventors. But how should that apply to genetic blood tests that detect disease biomarkers? What about software that allocates bandwidth across a 5G network? Or artificial intelligence? Under current law,
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