Biomedical Patents at the Supreme Court: A Path Forward

7 Pages Posted: 12 Oct 2013 Last revised: 27 Dec 2014

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

Date Written: October 10, 2013

Abstract

Although most would argue that software patents pose a bigger challenge, the U.S. Supreme Court has recently focused on biomedical patents. Two of the Court's recent decisions scaling back such patents, Mayo v. Prometheus and AMP v. Myriad, have provoked justifiable anxiety for those concerned about biomedical innovation, particularly in the area of personalized medicine. While acknowledging significant limitations in the Court's reasoning in both cases, this Essay sketches a reading that is consistent with the results and innovation-friendly.

Suggested Citation

Rai, Arti Kaur, Biomedical Patents at the Supreme Court: A Path Forward (October 10, 2013). Stanford Law Review Online, Vol. 66, 2013, Available at SSRN: https://ssrn.com/abstract=2338751

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

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