Pharmacogenomics Reporter: SCOTUS Tasks Lower Court with Determining Criteria for Dx Patentability
Forum » Resources / News picks » Pharmacogenomics Reporter: SCOTUS Tasks Lower Court with Determining Criteria for Dx Patentability
Started by: ggiedkeggiedke
Date: 05 Jul 2010 20:40
Number of posts: 1
rss icon RSS: New posts
Summary:
A day after reaching a decision in the business methods patent case Bilski v. Kappos, the Supreme Court this week remanded the diagnostic patent case Prometheus Laboratories v. Mayo Collaborative Services et al., to the Federal Circuit Court of Appeals with an order to revisit the case in light of Bilski. The lower court must now reconsider Prometheus with the understanding that the so-called "machine-or-transformation test" cannot be the sole determinant for patentability. While this presents an opportunity for the Federal Circuit to come up with new methods for determining patentability with regard to advanced technologies not grounded in a physical platform, nothing in the Supreme Court's recent actions sheds light on how the courts might deal with method patents related to genetic testing.
New Post