UPDATE: Supreme Court Revisits Patentable Subject Matter in Mayo Collaborative Services v. Prometheus Laboratories, Inc.

The Supreme Court has addressed the first question of patentability – whether the invention falls within the scope of patentable subject matter – for the second time in three years with its opinion in Mayo Collaborative Services, et al. v. Prometheus Laboratories, Inc., 566 U.S. ___ (2012). Through unanimous decision, the Supreme Court has provided further guidance concerning the scope of patentable subject matter with respect to claims which cover the application of natural laws.  While laws of nature, natural phenomena, and abstract ideas are not patentable under 35 U.S.C. §101, an application of a law of nature to a   Read More »

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