The Supreme Court Speaks on Patentability

Earlier today the Supreme Court issued its opinion for Mayo Collaborative Services v. Prometheus Laboratories, Inc. The opinion invalidated method claims of a medical diagnostic patent and is likely to have a large influence on the biotech industry. Now, we just have to wait to find out if the Court will hear Association for Molecular Pathology v. Myriad Genetics, Inc., another case that deals with patentability in the biotech industry.

At first glance, it appears that the Court conflates §§ 101, 102, and 103, instead of considering each independently. Be sure to check back for more analysis, but here are some other first looks:

The 271 Patent BlogSCOTUS Speaks: Patents May Only be Invalidated Under “Clear and Convincing” Standard

Inventive Step: Supreme Court Continues to Confuse Patentable Subject Matter with Patentability

IP WisePrometheus Rebound

IPWatchdog: Killing Industry: The Supreme Court Blows Mayo v. Prometheus

Patently-O: Mayo v. Prometheus: Natural Process + Known Elements = Normally No Patent

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