When it gets to the Supremes, even if the earlier Courts ignore the impact to
The Supremes recognize there is a balancing between the "allow
monopoly" Laws and the harm to Society!
"Allow monopoly" equating to
"Copyright, Patent and Trademark" Laws.
I believe that consideration is a
huge part of why the Supremes have made it clear that Patent Laws do not extend
to such things as Laws of Nature and Abstract Concepts.
I believe it's
why there's an exception to Copyrightability of works in the form of Fair
It's also likely to have originally been considered by the Drafters
Of The Constitution which is why:
Patent applies (or is supposed to) to a
specific physical implementation of an idea
Copyright applies (or
is supposed to) to a specific authored expression of an idea
Societal impact is never spoken of - it'll less likely be considered.
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