The Impact Of Laboratory Corp. V. Metabolite On The Question Of Patentable Subject Matter

Law360, New York (September 12, 2006, 12:00 AM EDT) -- The Supreme Court has consistently held that “natural phenomena” and “laws of nature” are not patentable subject matter as defined in 35 U.S.C. section 101. As technology has advanced, however, the dividing line between what is and is not an unpatentable “product of nature” has become difficult to define.

In Laboratory Corp. v. Metabolite Laboratories, 126 S.Ct. 2976 (2006), the Supreme Court had an opportunity to clarify this issue, but after oral argument, the Court instead dismissed the writ of certiorari as improvidently granted.

Although a...
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