Is That A Diagnostic Method Patent Or A Law Of Nature? Supreme Court Hears Arguments
This article was originally published in The Gray Sheet
A case argued before the Supreme Court Dec. 7 offers the justices an opportunity to place stricter limits on the types of claims that diagnostic makers can latch onto for patent protection. But while the justices had many questions on appropriate standards for patent eligibility, few clear answers surfaced.
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High court rules the processes covered by two patents to determine proper drug dosages based on metabolite concentrations do not transform unpatentable natural laws into patent-eligible applications.
Association for Molecular Pathology v. Myriad Genetics Inc., a closely watched case on the question of whether human genes are patentable, was noticeably absent from the court’s Feb. 21 list of orders, despite a pending petition for judicial review.
The Supreme Court will take another stab at mapping out a border between patentable and unpatentable diagnostic method claims.