Please use this identifier to cite or link to this item: http://nopr.niscair.res.in/handle/123456789/30049
Title: Mayo v Prometheus: The Eternal Conundrum of Patentability vs Patent-Eligibility
Authors: Kacheria, Aman
Keywords: Patentability;Intellectual property;Biomedical claims;Patent-eligibility
Issue Date: Nov-2014
Publisher: NISCAIR-CSIR, India
Abstract: In 2012, the US Supreme Court adjudicated a profound medical claim in Mayo Collaborative Services v Prometheus Laboratories Inc, which has the potential of radically altering patent law and US § 101 jurisprudence. The judgment came as a shock to the patent community; however, judgments of the lower courts therewith have echoed similar decisions to show the judgment in Prometheus simply cited Supreme Court jurisprudence. This paper talks about the judgment and its effects on the rulings of the Federal Circuit as well as District Courts, and its effect on medical claims. It gives an insight into patent law in the United States and where it is headed. While the Federal Circuit remains split as to how narrowly it should construe Prometheus so as to apply it to other cases, its forthcoming opinion en banc on CLS Bank Int’l v Alice Corp Pvt Ltd is likely to unify its interpretation. What is yet to be seen is how broadly the District Courts will interpret the judgment so as to judge similar medical claims. The process has already started, as is explained in this paper; the effects of which however are too early to be discussed.
Page(s): 371-377
URI: http://hdl.handle.net/123456789/30049
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections: JIPR Vol.19(6) [November 2014]

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