Supreme Court Rules Subject Matter That is Effectively a Natural Process is Unpatentable

The Supreme Court handed down a unanimous decision that a process that essentially defines how a law of nature works is unpatentable subject matter. The decision overruled a Federal Circuit holding that the claimed process was patent eligible due to significant physical limitations enumerated in the claims. The Justices noted that although laws of nature, natural phenomena and abstract ideas are not patentable subject matter, “an application of a law of nature ... to a known structure or process may [warrant] patent protection. ... But to transform an unpatentable law of nature into a patent eligible application of such a law, a patent must do more than simply state the law of nature while adding the words ‘apply it.’”

The patent claims identified the relationship between concentrations of certain naturally occurring metabolites and efficacious dosages of a thiopurine drug used to treat autoimmune diseases. Each claim included: (1) an “administering” step, instructing a doctor to administer the drug to his patient; (2) a “determining” step, telling the doctor to measure the resulting metabolite levels in the patient’s blood; and (3) a “wherein” step, describing the metabolite concentrations above where there is a likelihood of harmful side-effects and below where it is likely that the drug dosage is ineffective.

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Published In: Civil Procedure Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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