The Yale Law Journal

Jacob S. Sherkow


The Antibody Patent Paradox

Mark A. Lemley & Jacob S. Sherkow

Shifts in patent law’s enablement and written description requirements make it impractical for patentees of antibody technologies to disclose and claim their inventions. We describe this as a doctrinal paradox and offer a solution that gives patentees the power to claim antibodies without giving the…


And How: Mayo v. Prometheus and the Method of Invention

Jacob S. Sherkow

**This Essay is part of a Yale Law Journal Online series called "Summary Judgment," featuring short commentaries on recent Supreme Court cases.**

The Mayo Court’s novel test for patent eligibility—whether or not an invention involves “well-understood, routine, conventional activity, previously enga…