University of Illinois Urbana-Champaign

And How: Mayo v. Prometheus and the Method of Invention

Sherkow, Jacob S.

Permalink

https://hdl.handle.net/2142/110302

Description

Title
And How: Mayo v. Prometheus and the Method of Invention
Author(s)
Sherkow, Jacob S.
Issue Date
2013-04-01
Keyword(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.
Publisher
Yale Law Journal
Type of Resource
text
Language
en
Permalink
http://hdl.handle.net/2142/110302

Owning Collections

Illinois Research and Scholarship (Open Collection) PRIMARY
This is the default collection for all research and scholarship developed by faculty, staff, or students at the University of Illinois at Urbana-Champaign