The USPTO takes the law into its own hands

On the basis of the US Supreme Court landmark Myriad and Prometheus decisions, the US Patent and Trademark Office (USPTO) has recently, without any public consultation, issued new guidelines for determining patent eligibility of claims reciting or involving “laws of nature, natural phenomena and natural products”. Significantly, the guidelines appear to extend beyond the scope

Can patents on diagnostic tests survive in the US?

In March 2012 it was controversially held by the US Supreme Court in Mayo Collaborative Services v Prometheus Laboratories Inc. (2012) that a “relationship” between the concentrations of blood metabolites and response to a therapeutic drug, claimed in patents owned by Prometheus Laboratories Inc was not patentable because it represented a “principle of nature”. The Court stated