Classen — A Guide For Post-Prometheus Patent Claims

Law360, New York (July 30, 2012, 1:57 PM EDT) -- In the wake of the U.S. Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Laboratories Inc., 132 S.Ct. 1289 (2012), the 35 U.S.C. § 101 threshold for patentability of claims to medical diagnostic methods is still a bit murky. It is clear that an active step is required and that the active step must be something more than a “well-understood, routine, conventional activity previously engaged in by scientists who work in the field.” Id at 1291.

But, to date, no post-Prometheus decision has provided biotechnology...
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