Category Archives: Patent Eligible Subject Matter

Mayo v. Prometheus – A European View

Posted on March 29, 2012 by Warren Woessner

A Guest Post from Paul Cole, European Patent Attorney, Lucas & Co; Professor of IP law, Bournemouth University. Is a claim to an assay patent-eligible when all its features are known save for how it should be interpreted? The interpretation … Continue reading →

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Supreme Court Remands In Myriad Appeal

Posted on March 26, 2012 by Warren Woessner

Today, as predicted by many commentators, the Supreme Court set aside the ruling by the Fed. Cir. that claims to isolated DNA sequences that are the BRCA 1 or 2 gene, or fragments thereof, are patentable subject matter. The Supreme … Continue reading →

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PTO To Biotech Examiners – We’ll Get Back To You!

Posted on March 26, 2012 by Warren Woessner

On March 21, 2012, Andrew H Hirschfield, Associate Commissioner for Patent Examination Policy, sent a short memo to the Patent Examining Corps to inform them about the decision in Prometheus v. Mayo. The “preliminary guidance” that was provided included a … Continue reading →

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Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus

Posted on March 23, 2012 by Warren Woessner

The US Supreme Court case of Mayo v. Prometheus has generated a lot of interest precisely because it clouds the future of patent claims to diagnostic methodologies in general and to ‘personalized medicine’ in specific. The decision is likely to … Continue reading →

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