2018 celebrates the six-year anniversary of one of the most important Supreme Court decisions of the modern era. On March 20, 2012, the Court handed down its ruling in Mayo v. Prometheus Laboratories. The decision was understood immediately to be a break from the immediate past, a product of the Court’s intention to clarify patent eligibility for a new era of biotech, pharma, and life science technologies. The Court hoped it would help clarify eligibility issues raised by new technologies that the drafters of Title 35 § 101, 102, and 103 hadn’t envisioned, but it’s done the opposite. Six years later, eligibility is harder to discern than ever, especially for diagnostic method claims.
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