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Invention

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And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow Jan 2013

And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow

Articles & Chapters

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.


Negativing Invention, Jacob S. Sherkow Jan 2011

Negativing Invention, Jacob S. Sherkow

Articles & Chapters

Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …


Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck Jan 2007

Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck

Articles & Chapters

The authors describe a proposed system for patent application reviews that uses new technologies to access information-community peer reviews. By allowing examiners to "mine for data" in the heads of experts rather than in libraries or databases, the proposal illustrates how new technology could change the boundaries of legally authoritative and relevant information and make it possible to identify legitimate authority from new sources.


Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck Jan 2006

Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck

Articles & Chapters

No abstract provided.