How to patent medical diagnostics and genetics related inventions: What have recent cases taught us?

Author

Jonathan L. Kennedy

Presentation

255th ACS National Meeting - New Orleans
"Update On Patent Eligibility: Are things getting better for Patent Applicants?"

Abstract

This presentation will provide a brief review of the landmark decisions from the United States Supreme Court that reshaped the patent eligibility framework, including, Mayo Collaborative Servs. v. Prometheus Labs., Inc. and Alice Corp. v. CLS Bank Int’l and the two-prong test that developed from these cases.

This session program will review some of the more recent cases interpreting and applying the standards provided by the U.S. Supreme Court in its landmark decisions Mayo Collaborative Servs. v. Prometheus Labs., Inc.; Ass’n for Molecular Pathology v. Myriad Genetics, Inc.; and Alice Corp. v. CLS Bank Int’l  as they apply to medical diagnostics technology and other chemical technologies dealing with products of nature and genetic code. In practice how is the two-part patent eligibility test being applied and what can we learn from these cases to develop and claim patentable inventions in this technical art?