Justice Breyer and Patent Eligibility

Abstract

Justice Breyer leaves the Supreme Court having left a significant mark on patent eligibility law. In Mayo Collaborative Services v. Prometheus Laboratories, he eliminated the ability to obtain patents on many useful applications of new (and even breakthrough) discoveries. The author discusses how Justice Breyer’s test for patent eligibility both contradicts the historical approach and has had pernicious impact on the patent system and investment in development of technology, including, and in particular, medical technologies.

Keywords: Patents, Patent eligibility, Mayo Collaborative Services v. Prometheus Laboratories, Bilski v. Kappos, Intellectual property, Justice Breyer, Patent laws and legislation, Medical technology, Discoveries