The Inducement Standard of Patentability

Michael Abramowicz

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 nonobviousness

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Date posted: October 21, 2010 ; Last revised: January 8, 2015

Suggested Citation

Abramowicz, Michael and Duffy, John F., The Inducement Standard of Patentability (October 19, 2010). Yale Law Journal, Vol. 120, 2010. Available at SSRN: http://ssrn.com/abstract=1694883

Contact Information

Michael B. Abramowicz (Contact Author)
George Washington University Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States

John Fitzgerald Duffy
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
434-243-8544 (Phone)
HOME PAGE: http://www.law.virginia.edu/lawweb/faculty.nsf/FHPbI/2141954

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