A Cautiously Optimistic Diagnosis For Patent Eligibility

Law360 (May 8, 2018, 12:50 PM EDT) -- For companies in the life sciences industry, the scope of patent eligibility continued its apparently inexorable contraction in 2017. Inventions deemed ineligible for patenting included methods for assessing cardiovascular risk based on myeloperoxidase levels — despite the existence of prior art methods that failed to preserve a correlation;[1] methods for diagnosing a new subtype of myasthenia gravis — despite the methods' practical application of man-made reagents;[2] and dietary alanine supplements and their use for increasing human muscle tissue strength — despite the non-natural physiological effects of such supplementation.[3]

But in the first months of 2018, the Federal Circuit has exhibited a...

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