Mayo, Myriad Subject to Debate, Professors, IP Practitioners Argue
Professor Mark Lemley participated in a panel addressing the patent eligibility of medical diagnostic claims. Joyce E. Cutler of Patent, Trademark & Copyright Law Daily reported on the conference:
Whether patent law is any less fuzzy in light of a U.S. Supreme Court decision that certain medical diagnostic claims are not patent eligible subject matter was subject to debate April 27, as patent lawyers and professors considered the state of intellectual property protection in biotechnology.
Panelists at a Stanford Law conference discussed the court's March 20 decision that certain medical diagnostic claims are not patent eligible subject matter. Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S. Ct. 1289, 101 USPQ2d 1961 (2012).
For biotechnology, medical diagnostic, therapeutic processes cases under Mayo, the “world has changed in a fairly significant way, particularly given the court's focus on trying to find the novelty and obviousness of the invention not in the newly discovered law of nature but in the additional steps you add to that law,” according to Stanford Law Professor Mark Lemley.