Garth Janke v. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director, United States Patent and Trademark Office

Can a known patentable product become ineligible for patenting when it is claimed to be made by apply­ ing a mathematical model of the product on a 3D printer, as no one is disputing follows from Parker v. Flook? And, can it be too much patent “monopoly”1 to pre­ empt (in practical effect) a mathematical model of a product, as no one is disputing follows from Gottschalk v. Benson, when it is known that it is not too much pa­ tent monopoly to pre-empt the real product itself? 1 The Court’s term for the exclusive rights associated with a patent. See, e.g., Alice v. CLS Bank, 573 U.S. at 216.