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88 N.C. L. Rev. 185 (2009-2010)
Serendipity

handle is hein.journals/nclr88 and id is 187 raw text is: SERENDIPITY* SEAN B. SEYMORE** Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These happy accidents have spawned new fields of science, broken intellectual and technological barriers, and furnished countless products that have altered the course of human history. In the realm of patent law, one curious aspect of accidental discoveries that has received little attention in the academic literature and the courts is how they mesh with the substantive law of invention. This Essay shows that applying conventional doctrines to accidental inventions is theoretically untenable and, in certain circumstances, may result in unfortunate outcomes for the inventor. As a result, this Essay offers an alternative approach that is better suited to deal with accidental inventions. Finally, this Essay reflects on how adoption of this alternative approach is appropriate considering the fact that accidental inventions benefit the patent system and the public, especially their potential to spur significant follow-on innovation. INTRO DU CTIO N ....................................................................................... 186 1. UNDERSTANDING AN ACCIDENTAL DISCOVERY ................... 192 A. Chance Favors the Prepared Mind ...................................... 192 B. Serendipity in Unpredictable Technologies ..................... 194 II. ACCIDENTAL INVENTION IN PATENT LAW .............................. 196 A. When Does an Accident Become an Invention? ................. 196 1. Pinpointing Conception .................................................. 201 2. Pinpointing Reduction to Practice ................................ 201 3. Priority Issues ................................................................... 202 * © 2009 Sean B. Seymore. ** Assistant Professor and Alumni Faculty Fellow, Washington & Lee University School of Law; J.D., University of Notre Dame, 2006; Ph.D. (Chemistry), University of Notre Dame, 2001; M.S.Chem., Georgia Institute of Technology, 1996; B.S., University of Tennessee, 1993. I thank those who have supported and provided valuable feedback on various aspects of this project, including Timothy Holbrook and Craig Nard. I also thank the Frances Lewis Law Center at Washington & Lee for its support of this project through a research grant. E-mail: seymores@wlu.edu.

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