The Inducement Standard of Patentability
George Washington University Law School
John F. Duffy
University of Virginia School of Law
October 19, 2010
Yale Law Journal, Vol. 120, 2010
In Graham v. John Deere, the Supreme Court explained that patent law’s nonobviousness doctrine is meant to restrict the award of patents only to “those inventions which would not be disclosed or devised but for the inducement of a patent.” This Article argues that this inducement standard, largely ignored in practice, should serve as the doctrinal polestar. Such an approach would provide a solid economic foundation for the patentability standard and would align patent law with the many other fields of regulatory law that currently apply economic analysis in determining the scope and content of regulation. The Article also offers several refinements to the inducement standard and explains how the patent office and courts could implement the inducement standard in an administrable way.
Number of Pages in PDF File: 91
Keywords: patent nonobviousnessAccepted Paper Series
Date posted: October 21, 2010 ; Last revised: September 24, 2013
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