사건판결에서 나타난 미국 연방 대법원의 판결 경향

• 영문명: Mayo Collaborative Services v. Prometheus Laboratories, Inc.
• 발행기관: 세창출판사
• 저자명: 이정아(Jung Ah Lee) 배대헌(Daeheon Bae)
• 간행물 정보: 『창작과 권리』2012년 가을호 (제68호), 71~110쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.01

영문 초록

This paper analyzes the recent United States Supreme Court's decision, Mayo Collaboraive Service v. Prometheus Laboratories, Inc. This decision reversed the United States Court of Appeals for the Federal Circuit's holding that the claims were patentable because they satisfied the machine-or-transformation test. In Mayo, the United States Supreme Court held that Prometheus' process was not patent-eligible. Since Prometheus' claims recited the laws of nature -the relationships between concentrations of certain metabolites in the blood and the likelihood that a thiopurine drug dosage would prove ineffective or cause harm- the claimed processes were not patentable. To be patent-eligible, there should be additional features that provide practical assurance that the processes are genuine applications of those laws rather than drafting efforts designed to monopolize the correlations. The three additional steps in the claimed processes were not themselves natural laws but neither were they sufficient to transform the nature of the claims. However, how much of application is necessary to satisfy the patent requirement is still questionable. After Mayo, the Court remanded two cases -Association of Molecular v. Myriad, and Ultramercial v. Hulu.- to the United States Court of Appeals for the Federal Circuit. This suggests that the Supreme Court intends Mayo to have a wide-ranging impact in biotech and software cases. In light of Mayo, it is unlikely that the Court will hold Myriad and Ultramercial's claims are patent-eligible based on the Court's precedents.

목차

Ⅰ. 머리말

Ⅱ. Mayo Collective Services v. Prometheus Laboratories Inc.(2012)

Ⅲ. Mayo 사건판결 이전의 미국 연방 대법원의 특허법 제101조 해석

Ⅳ. Mayo 사건판결의 영향 - The Association for Molecular Pathology v. USPTO 와 Ultramercial v. Hulu

Ⅴ. 결어

참고문헌

Abstract

키워드

특허 특허보호대상 적용 선점 변환 Patent patent eligible Application Preemption Transformation