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Method-Of-Treatment Patent Eligibility: Step 1 And Done?

Law360 (February 5, 2019, 1:39 PM EST) -- Seven years ago, the U.S. Supreme Court in Mayo Collaborative Services v. Prometheus Laboratories Inc.[1] introduced a two-step test for determining whether life sciences patents are invalid as claiming patent ineligible subject matter under 35 U.S.C § 101.[2] step one asks whether the claims are “directed to” a patent ineligible concept, i.e., a natural law, natural phenomenon or abstract idea. If not, the claims are patentable subject matter and the inquiry ends. If they are directed to a patent ineligible concept, step two asks whether the claims contain “significantly more” to “transform that [patent ineligible concept] into a patent-eligible invention.”[3] Following...

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