Neuro Patent Law

Lately, my pleasure reading has gone in the direction of books about neuroplasticity. It has prompted me to wonder how brain imaging might be used in the practice of patent law. For example, could evidence in the form of fMRI scans on a sampling of PHOSITA’s be introduced as secondary indicia of non-obviousness? Is there an area(s) of the brain that could be identified as becoming active when hindsight is invoked? Could fMRI scans be used on patent examiners/judges to better assess patent eligibility? There are a myriad of other issues that one might use neuroscience and brain analysis to weed out the biases that are so prevalent in patent law. Pretty far-fetched, I know; but, fun to think about.

This 2019 article discusses the role that neuroscience scholarship has recently played in the criminal courts: [link].

Some good books if you want to explore neuroscience further are:

The Brain’s Way of Healing by Norman Doidge.

The Brain That Changes Itself by Norman Doidge.

The Brain by David Eagleman.

Train Your Mind Change Your Brain by Sharon Begley.

Incognito — The Secret Lives of the Brain by David Eagleman.

Soft-Wired by Michael Merzenich.

Some interesting brain health programs are:

BrainHQ at www.brainhq.com

Neuroflux and its free five day brain bootcamp: https://www.neuroflux.io

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