Oral arguments were presented yesterday to the U.S. Supreme Court in Mayo v. Prometheus. The parties and the United States, appearing as amicus curiae, addressed the question of whether the Prometheus claims directed to methods of determining suitable dosage ranges for thiopurine drugs constitute patent-eligible subject matter under 35 U.S.C. § 101. The Supreme Court’s ruling in this case is expected to provide additional guidance to medical treatment and diagnostics businesses about the standards for patent-eligible subject matter under Section 101 of the Patent Act.

CASE BACKGROUND

The scope of patent-eligible subject matter is broadly outlined in Section 101 of the Patent Act, which states that “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.” Interest in the Prometheus case is running high because its outcome will help flesh out the Supreme Court’s previous guidance regarding patent-eligible subject matter.