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Vanderbilt University Law School

Vanderbilt Law Review

Journal

2024

Intellectual property

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Full-Text Articles in Law

Access To Justice For Black Inventors, Jordana R. Goodman Assistant Professor Of Law, Khamal Patterson Jan 2024

Access To Justice For Black Inventors, Jordana R. Goodman Assistant Professor Of Law, Khamal Patterson

Vanderbilt Law Review

To receive a patent, an inventor must meet certain inventive and procedural standards. Their invention must be novel, nonobvious, and written in such a way that any person skilled in the inventive subject can make and use the invention without undue experimentation. This process is far from objective.

An inventor is not always communicating within their own social circle. An inventor is required to communicate their invention so that a patent examiner believes a person having ordinary skill in the art ("PHOSITA") would recognize the invention as nonobvious. Moreover, a fictitious skilled person must be able to make and use …