The USPTO Grants Two Patents Claiming Diagnostic Methods Post the Supreme Court's Mayo v. Prometheus Decision

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On March 20, 2012 the Supreme Court in its decision of Mayo v. Prometheus unanimously held that claims directed to a method of administering a drug to a patient, measuring metabolites of that drug, and with a known threshold for efficacy in mind, deciding whether to increase or decrease the dosage of the drug, were not patent eligible subject matter.

Briefly, in its decision of Mayo v. Prometheus, the Supreme Court analyzed claim 1 of US patent No. 6,355,623. Claim 1 states...

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Topics:  Diagnostic Method, Mayo v. Prometheus, Patent Applications, Patent-Eligible Subject Matter, Patents, SCOTUS, USPTO

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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