CellzDirect gives new hope for patent protection for personalized medicine in the USA

摘要

"Subsequent to the Supreme Court's decisions in Myriad and Mayo, the Federal Circuit struggled with how to apply §101 in the area of personalized medicine,"Over the past decade, the US Supreme Court has shown an increased interest in intellectual property law. With respect to patents, in particular, the cases on which certiorari has been granted have involved many diverse and some would say arcane topics including obviousness, infringement, declaratory judgment actions and claim construction. Surprisingly, four of the patent cases have involved a single topic namely, subject matter eligibility under 35 U.S.C. §101. Two of the four concerned the patent eligibility of business methods and two involved personalized medicine. The Court reversed the US Court of Appeals for the Federal Circuit's (Federal Circuit) decisions in three of the four cases, including the two involving personalized medicine, Myriad and Mayo.