Prometheus v. Mayo: Diagnostic Methods Are Not Patentable Subject Matter

Prometheus v. Mayo: Diagnostic Methods Are Not Patentable Subject Matter

The Supreme Court in the case of Mayo Collaborative Servs.v. Prometheus Labs., Inc., 2012 U.S. LEXIS 2316 (U.S. 2012) [enhanced version available to lexis.com subscribers] decided that diagnostic method claims that solely rely on a natural law are not patentable subject matter. The Court held that because the natural laws recited in the patent claims are not themselves patentable, the claimed processes are not patentable unless they have additional features. In this Analysis, Katherine M. Kowalchyk Ph.D. examines this interesting case.

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