Unpredictability, uncertainty, and ambiguity are some of the expected risks for any startup, innovator, and new business. But an unexpected source of additional risk exists today due to the uncertainty and ambiguity in the law of patent eligibility. That additional risk is not a fair, appropriate, or acceptable addition to the normal business risks that innovators and their investors expect to face in introducing new technologies to the marketplace. The existing law on patent eligibility is neither predictable nor certain, and in fact the ambiguity that results is harmful to the long-term health of the patent system.
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