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Title:And How: Mayo v. Prometheus and the Method of Invention
Author(s):Sherkow, Jacob S.
Subject(s):patent
mayo
prometheus
invention
innovation
pto
intellectual property
Abstract:The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.
Issue Date:2013-04-01
Publisher:Yale Law Journal
Citation Info:Jacob S. Sherkow, And How: Mayo v. Prometheus and the Method of Invention, 122 Yale L.J. Online 351 (2013)
Genre:Article
Type:Text
Language:English
URI:http://hdl.handle.net/2142/110302
Date Available in IDEALS:2021-08-11


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