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

Details

Author(s):
  • Sherkow, Jacob S.
Publish Date:
April 1, 2013
Publication Title:
Yale Law Journal Online
Format:
Journal Article 122 Volume 351 Pages
Citation(s):
  • Jacob S. Sherkow, And How: Mayo v. Prometheus and the Method of Invention, 122 Yale Law Journal Online 351 (2013).
Related Organization(s):

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.