Patent-Eligibility In The Life Sciences

Law360, New York (October 19, 2009, 2:11 PM EDT) -- The U.S. Supreme Court determined long ago that not everything that literally falls within the subject matter set forth in 35 U.S.C. §101 is necessarily patent-eligible.

Over the years, and in the context of evolving technology, the analytic framework for determining patent-eligibility became (or was revealed as) imprecise, lacking clear focus on a specific policy justification and unpredictable.

More recently, the application of patent-eligibility to life sciences technologies has caused uncertainty in the life sciences community regarding the value of certain kinds of patents.

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