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Expert Analysis

Fed. Circ. Muddies Waters On Method-Of-Treatment Patents

By Thomas Hedemann and David Ludwig (September 4, 2019, 3:28 PM EDT) -- In 2012, the U.S. Supreme Court introduced the two-step test from Mayo Collaborative Services v. Prometheus Laboratories Inc. for determining whether patent claims are invalid as claiming patent-ineligible subject matter under 35 U.S.C Section 101.[1] Step one of the now-familiar test asks whether the claims are "directed to" a patent ineligible concept, i.e., a natural law, natural phenomenon or abstract idea....

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