Article
Non-Excludable Surgical Method Patents
William & Mary Law Review
Document Type
Article
Publication Date
1-1-2020
Journal
William & Mary Law Review
Disciplines
Abstract
A patent consists of only one right: the right to exclude others from practicing the patented invention. However, one class of patents statutorily lacks the right to exclude direct infringers: surgical method patents are not enforceable against medical practitioners or health care facilities, which are the only realistic potential direct infringers of such patents. Despite this, inventors regularly file for (and receive) surgical method patents. Why would anyone incur the expense (more than $20,000 on average) of acquiring a patent on a surgical method if that patent cannot be used to keep people from using the patent?
Citation Information
Jonas Anderson. "Non-Excludable Surgical Method Patents" William & Mary Law Review Vol. 61 Iss. 637 (2020) Available at: http://works.bepress.com/jonas_anderson/91/