What does it mean to invent nature?

Sherman, Brad (2015) What does it mean to invent nature?. UC Irvine Law Review, 5 5: 1193-1230.

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Name Description MIMEType Size Downloads
Author Sherman, Brad
Title What does it mean to invent nature?
Journal name UC Irvine Law Review
ISSN 2327-4514
Publication date 2015-12-01
Sub-type Article (original research)
Open Access Status Not yet assessed
Volume 5
Issue 5
Start page 1193
End page 1230
Total pages 38
Place of publication Irvine, CA, United States
Publisher UC Irvine Law Review
Language eng
Abstract In recent years, there has been a proliferation in the number of superior court decisions concerned with patentable subject matter. Despite this, there is still a great deal of confusion about the types of things that are eligible for patent protection. Building on the idea that the subject-matter inquiry in patent law is effectively a taxonomic process of classification, this Article explores the different techniques that have been used to categorize patentable subject matter. Focusing on recent litigation in the United States and Australia involving Myriad Genetics’ patents for the BRCA1 and BRCA2 genes, this Article argues that while some of the uncertainty that accompanies the subject-matter inquiry is inevitable, many of the problems associated with subject matter eligibility arise because there is no real clarity about the criteria to be used when categorizing subject matter in patent law. Thus, it will be argued that patent law in the United States and Australia is ill equipped for the task of determining subject matter eligibility, at least in a way that does not seem to be arbitrary and capricious.
Keyword Myriad
Q-Index Code CX
Q-Index Status Provisional Code
Institutional Status UQ
Additional Notes http://www.law.uci.edu/lawreview/vol5/no5/Sherman.pdf

Document type: Journal Article
Sub-type: Article (original research)
Collections: ERA White List Items
TC Beirne School of Law Publications
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Created: Thu, 15 Dec 2016, 19:00:59 EST by Brad Sherman on behalf of T.C. Beirne School of Law