In this article, Mr. Schuster argues that this new test incentivizes innovation, a primary goal of patent law, by increasing the predictability of § 101 process determinations. The PTO and courts are well suited to apply this test, which establishes a more straightforward inquiry than previous § 101 tests. The attendant increase in predictability from the application of this clearer rule will encourage investment in research and development because inventors and investors will be better able to make determinations about future patentability and associated profitability of process inventions.

We’re excited about the quality of the pieces in this volume. Articles include pieces on computer simulation of patent economics, reformation of the mailbox rule, and research fraud.  In addition, there are pieces on patent judges, KSR, eBay, and patent insurance.

In addition to the high quality of our articles, we’re excited to announce that with this volume STLR formally becomes an open access journal. We expect that this will help improve the visibility of our journal and the works of our authors, as well as helping to lower the barriers to participating in legal scholarship.

We hope you enjoy reading these as much as we enjoyed putting them together.