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Expert Analysis

Innovative And Ineligible: Diagnostic Patents At Fed. Circ.

By Alan Craig Townsley (February 13, 2019, 4:02 PM EST) -- In Athena Diagnostics Inc. v. Mayo Collaborative Services LLC,[1] a split Federal Circuit held claims 6-9 of U.S. Patent No. 7,267,820 invalid under 35 U.S.C. § 101, as being directed to a natural law without an inventive concept. Athena is significant because it demonstrates the uncertainty surrounding what actually qualifies as a "natural law," and because it holds diagnostic methods ineligible for patenting even though they recite new and nonobvious concrete steps....

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