According to well-established principles, one cannot patent natural laws or phenomena per se, but one can patent new and useful applications of those laws and phenomena. Justice Breyer’s opinion in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc. applies this distinction to inventions exploiting natural relationships, such as a method of diagnosing a vitamin deficiency by observing elevated levels of an amino acid in a patient’s blood. Justice Breyer concludes that patenting a method based on observation and reasoning amounts to patenting the natural relationship itself—a result contrary to policy because it denies others a “basic tool of research.” In fact, the traditional dichotomy of principle and application suggests the opposite conclusion. These patents are dangerous, however, because of the critical role that knowledge plays in infringement. The difficulty of avoiding infringement—except by embracing ignorance—could force the abandonment of activities having substantial noninfringing uses, thereby conferring on the patent owner market power beyond the intended scope of the grant. Rather than condemn all patents based on useful observations of natural laws or phenomena, courts should concentrate on those with undesirable and unavoidable spill-over effects that cause avoidance or modification of activity not reserved exclusively to the patent owner.
News & Events
-
Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
-
Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
-
Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
-
Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
-
Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
Recent Issues
- Volume 97 – No. 5
- Volume 97 – No. 4
- Volume 97 – No. 3
- Volume 97 – No. 2
- Volume 97 – No. 1
- Volume 96 – No. 6
- Volume 96 – No. 5
- Volume 96 – No. 4
- Volume 96 – No. 3
- Volume 96 – No. 2
- Volume 96 – No. 1
- Volume 95 – No. 6
- Volume 95 – No. 5
- Volume 95 – No. 4
- Volume 95 – No. 3
- Volume 95 – No. 2
- Volume 95 – No. 1
- Volume 94 – No. 6
- Volume 94 – No. 5
- Volume 94 – No. 4
- Volume 94 – No. 3
- Volume 94 – No. 2
- Volume 94 – No. 1
- Volume 93 – No. 6
- Volume 93 – No. 5
- Volume 93 – No. 4
- Volume 93 – No. 3
- Volume 93 – No. 2
- Volume 93 – No. 1
- Volume 92 – No. 6
- Volume 92 – No. 5
- Volume 92 – No. 4
- Volume 92 – No. 3
- Volume 92 – No. 2
- Volume 92 – No. 1
- Volume 91 – No. 6
- Volume 91 – No. 5
- Volume 91 – No. 4
- Volume 91 – No. 3
- Volume 91 – No. 2
- Volume 91 – No. 1
- Volume 90 – No. 6
- Volume 90 – No. 5
- Volume 90 – No. 4
- Volume 90 – No. 3
- Volume 90 – No. 2
- Volume 90 – No. 1