Abstract

     This Article proposes that allowing patents on a new transindustry class of inventions, called skill-based inventions, is harmful to innovation. Skill-based inventions are defined as those inventions that rely upon the skill of the user for their efficacy. The primary argument advanced is that allowing patents on these inventions would significantly interfere with the natural development of innovation through competition on the free market. The federal circuit can surgically bar these inventions from patentability using a reinvigorated version of the § 112 enablement requirement.