Tag Archives: Ariosa

Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?

The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading

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Cleveland Clinic II – Why Can’t a Diagnostic Conclusion be a Practical Application of a Natural Law?

Because the Federal Circuit says it can’t, that’s why!  In Cleveland Clinic Foundation v. True Health Diagnostics LLC, 859 F.3d 1352 (Fed. Cir. 2017), the panel held patent-ineligible claims to a method of assessing a test subject’s risk of having … Continue reading

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Athena v. Mayo Part II – Iancu v. The Federal Circuit(?)

The 2019 Revised Subject Matter Eligibility Guidance published on January 7th purported to revise the procedures for determining whether a patent claim or patent application claim is “directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas) … Continue reading

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Top Ten List of Patent News Stories in 2018

Although this list will reach most the readers of Patents4Life after 2019 begins, 2018 deserves some attention even if it has the feel of “those we lost in 2018” lists. Although most of my colleague-commentators have published their lists by … Continue reading

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