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San Diego Law Review

Article Title

Patentable Discovery?

Authors

Stephen McKenna

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comments

Abstract

Discoveries are property that people did not create or produce, but that which they obtained through the unearthing of an object or an idea. Finding an object, or being the first to obtain certain knowledge, may allow you to file a patent and gain exclusive rights in your discovery. This Comment addresses the issue of whether such discoveries are patentable. The author argues that despite some decisions and dicta to the contrary, the courts and the Patent Office should explicitly recognize the patentability of discoveries that are not inventions.

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