Since the Supreme Court's landmark decision in Mayo Collaborative Services et al. v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), the lower courts have repeatedly found patent claims for medical diagnostic methods to be ineligible for patenting under 35 U.S.C §101.
Patenting Diagnostic Tests: Can We Expect Changes?
This article discusses the jurisprudence applied to determining patent eligibility of claims for diagnostic methods, and the expectation for changes in analysis of patent eligibility under §101 in the near future.
By
Leslie Kushner
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