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1279 The Knowledge/Embodiment Dichotomy Kevin Emerson Collins Despite the renewed interest in limits on patent eligible subject matter during the last decade, patent theory and doctrine have to date failed to recognize one of the most fundamental limits on what can be patented: the “knowledge/embodiment dichotomy.” The dichotomy marks a categorical distinction between two types of technological progress, namely patent ineligible advances in knowledge and patent eligible advances in embodiments. The knowledge/embodiment dichotomy does not exist de dicto in contemporary patent opinions, treatises, or scholarship. However, it does already exist in a rough form as a de facto limit on the reach of patent protection. That is, courts’ and commentators’ failure to acknowledge the dichotomy has been a conceptual failure, not a failure to curb the reach of patent rights. Contemporary patent law provides de facto enforcement of the dichotomy without de dicto recognition through two distinct mech...