Posts Tagged: diagnostic testing


Patent-Ineligibility of Medical Diagnostics, Life Sciences Discoveries Arrests U.S. Progress

In a research project funded by the Austrian Science Fund (FWF), evidence emerged that a higher expression of the GIRK1 protein in malignant tissue samples was linked …
By Steve Brachmann
2 years ago 3

Teaching Points from the New USPTO Life Sciences Examples

On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO …
By Elena S. Polovnikova
4 years ago 2

Ariosa v. Sequenom: Petitioning the Federal Circuit to Reverse Course on Patent Eligibility

This is a really important question both with respect to biologics and other interventions and also as the Federal Circuit does work with the Supreme Court’s …
By Gene Quinn
4 years ago 36

Federal Circuit Should Reconsider Ariosa v. Sequenom: The Panel Decision Threatens Modern Innovation

As the amici correctly argue, the panel’s decision striking down Sequenom’s noninvasive prenatal test strikes at the very heart of the patent system. Revolutionary diagnostic …
By Devlin Hartline
4 years ago 2

Prometheus Diagnostic Methods Are Patentable Subject Matter

United States Court of Appeals for the Federal Circuit issued a decision in one of the patentable subject matter cases that was returned to the Court by …
By Gene Quinn
9 years ago 2

Through the Fuzzy Bilski Looking Glass: The Meaning of Patent-Eligible under 35 U.S.C. § 101

So now what does SCOTUS’ ruling in Bilski “really” mean to us “mere mortals”? First, we’ve got two “wild cards” to deal with as noted above: (1) …
By Eric Guttag
9 years ago 74

Diagnostic Testing in the Wake of Bilski v. Kappos

Now that the Supreme Court has vacated and remanded both the Classen and Prometheus decisions, the Federal Circuit must revisit these issues. For Prometheus, the decision may …