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The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but acknowledged three judge-made exceptions to patentability.
View Article and Find Full Text PDFSomething more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents?
Expert Rev Mol Diagn
March 2011
Dehns, Patent and Trademark Attorneys, 59 St Aldates, Oxford OX1 1ST, UK.
In a recent decision (AMP v. USPTO) from the US District Court, patent claims directed at DNA sequences corresponding to human genes and to diagnostic tests based on such genes have been found to be invalid, primarily on the basis that the DNA molecules claimed, which included cDNA, primers and probes, are 'products of nature' and are thus unpatentable. If upheld, this decision will have considerable impact on the ability of biotechnical companies and universities to patent the results of their research.
View Article and Find Full Text PDFBilski v. Kappos: the US Supreme Court broadens patent subject-matter eligibility.
Nat Biotechnol
August 2010
Sughrue Mion, PLLC, Washington, DC, USA.
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