Mayo v Prometheus: Another Guidepost on the Road to Determining Patentability in the Post-Industrial Age | White & Case LLP International Law Firm, Global Law Practice
Mayo v Prometheus: Another Guidepost on the Road to Determining Patentability in the Post-Industrial Age

Mayo v Prometheus: Another Guidepost on the Road to Determining Patentability in the Post-Industrial Age

On 20 March 2012, in Mayo Collaborative Servs v Prometheus Labs, Inc., the Supreme Court of the United States invalidated diagnostic treatment process claims for effectively claiming the laws of nature underlying the claimed invention. To reach this decision, the court reviewed the 'guideposts' set by its previous guidance regarding patent eligibility, and compared the claims-at-issue with those previously considered by the court. In Mayo, the court erected a new guidepost, one with particular relevance for the medical community, as the decision specifically addresses medical diagnostic treatments, but also one which may impact the general patentability of any invention that relies upon laws of nature or natural correlations to describe that invention.

This article was first published in the Bio-science Law Review.

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