And How: Mayo v. Prometheus and the Method of Invention
Yale Law Journal Online, Vol. 122, p. 351, 2013
8 Pages Posted: 21 Jul 2013 Last revised: 2 Aug 2013
Date Written: April 1, 2013
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.
Keywords: patent, mayo, prometheus, invention, innovation, pto, intellectual property
JEL Classification: O33, O34, K11, K1, K3
Suggested Citation: Suggested Citation