Limiting The Impact Of Prometheus

Law360, New York (April 18, 2012, 12:34 PM EDT) -- In the wake of the U.S. Supreme Court’s decision in Prometheus,[1] some seem to believe the sky is falling on personalized medicine and other technology spaces. It has been suggested that the Supreme Court has muddled the role of 35 U.S.C. §101 (concerning patent eligible subject) matter with that of 35 U.S.C. §102 and §103 (concerning novelty). A deeper look into the Prometheus opinion and the new United States Patent and Trademark Office guidelines, however, may reveal a path for obtaining and enforcing solid claims in...
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