Mayo v. Prometheus: A Year Later

ACS Med Chem Lett. 2013 Jun 27;4(7):572-3. doi: 10.1021/ml400230u. eCollection 2013 Jul 11.

Abstract

Last year's U.S. Supreme Court decision in Mayo v. Prometheus regarding the patent eligibility of diagnostic method claims will probably have the most profound lasting effect of any recent court decision on the biopharmaceutical industry. The Mayo decision changed the evaluation of patent eligibility of a method claim under 35 U.S.C. § 101. The new evaluation is a more difficult standard to clear and needs to be considered prior to filing a patent application.