An Early Look at Mayo's Impact on Personalized Medicine

2016 Patently -O-Patent Law Journal 10

U Denver Legal Studies Research Paper No. 16-11

6 Pages Posted: 5 Apr 2016 Last revised: 9 Apr 2016

See all articles by Bernard Chao

Bernard Chao

University of Denver Sturm College of Law

Amy Mapes

University of Denver Sturm College of Law

Date Written: April 4, 2016

Abstract

Many commentators had predicted that the Supreme Court’s recent decisions in Mayo v. Prometheus, and Association for Molecular Pathology v. Myriad Genetics would radically limit the number and type of medical technologies entitled to patent protection. Of course we can assess how medical inventions are currently faring at the patent office under the new rules for patent eligibility. That is precisely the kind of information that should inform decision makers as patent eligibility law continues to develop. This short article discloses some initial results from a study on how the patent office is handling personalized medical patent applications. We disclose these results now because of the importance of the pending petition for certiorari filed in Sequenom v. Ariosa.

Keywords: Patent, Eligiblity, Mayo, Personalized Medicine

JEL Classification: O34, I18

Suggested Citation

Chao, Bernard H. and Mapes, Amy, An Early Look at Mayo's Impact on Personalized Medicine (April 4, 2016). 2016 Patently -O-Patent Law Journal 10; U Denver Legal Studies Research Paper No. 16-11. Available at SSRN: https://ssrn.com/abstract=2758994

Bernard H. Chao (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

Amy Mapes

University of Denver Sturm College of Law

2255 E. Evans Avenue
Denver, CO 80208
United States

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