Legal Alert - Supreme Court Decision Raises Questions of the Validity of Many Bioscience Patents: Did the Invention "Add Enough?"
Supreme Court Decision Raises Questions of the Validity of Many Bioscience Patents: Did the Invention “Add Enough?”
by Chuck Hauff, Bill Mulholland and Jeremy Kapteyn
On Tuesday, March 20, 2012, the U.S. Supreme Court issued its decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc. 566 U.S. ____ (2012). In a unanimous decision, the Supreme Court sided with Mayo and held that method claims involving administering a drug to a patient and determining the effect were not patentable subject matter. The court concluded that the method was directed to a “law of nature” and therefore not patentable....