An Early Look at Mayo's Impact on Personalized Medicine
2016 Patently -O-Patent Law Journal 10
6 Pages Posted: 5 Apr 2016 Last revised: 9 Apr 2016
Date Written: April 4, 2016
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: Suggested Citation