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Recent Patents on DNA & Gene Sequences
ISSN (Print): 1872-2156
ISSN (Online): 2212-3431
VOLUME: 6
ISSUE: 3
DOI: 10.2174/187221512802717330









Prometheus: The Supreme Court Redefines the Patentability of Diagnostic Inventions

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Author(s): Andrew Kumamoto and Cora L. Schmid
Pages 193-196 (4)
Abstract:
The United States Supreme Court recently issued an opinion regarding the patentability of claims directed to diagnostic methods in Mayo Collab. Service v. Prometheus Lab., Inc. In this opinion, the Supreme Court held that correlations between metabolite levels in the human body and either therapeutic efficacy or adverse effects are unpatentable laws of nature. It further found that a patent claim to a method including such a correlation is unpatentable if the remainder of the claim contains only conventional and well-known steps. The Prometheus decision creates uncertainty regarding the scope of patentable subject matter, particularly in the fields of diagnostic and personalized medicine, that will remain until future cases apply this new doctrine.
Keywords:
Patents, personalized medicine, patentable, unpatentable, Prometheus, Myriad
Affiliation:
HelixIP LLP, 400 Seaport Court, Suite 105, Redwood City, CA 94063.