The Mayo Test: Impact On Personalized Medicine And Beyond
April 25, 2012, 1:36 PM EDT
Law360, New York (April 25, 2012, 1:36 PM EDT) -- With a unanimous decision issued on March 20, 2012, in Mayo v. Prometheus Laboratories, the U.S. Supreme Court invalidated the process claims of Prometheus’ two patents as not patent-eligible based on the finding that the steps in the claimed processes apart from the natural law inherent in the definition of the invention “involve [only] well-understood, routine, conventional activity previously engaged in by researchers in the field.”
This decision reversed the Federal Circuit’s finding of patent eligibility based on the “machine or transformation” test. While acknowledging the...