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Federal Circuit: Medical Treatment and Diagnostic Method Claims Are Patentable |
October 6, 2009
Previously published on September 30, 2009
In advance of the U.S. Supreme Court's review of In re Bilski, the Federal Circuit recently held in Prometheus Laboratories, Inc. v. Mayo Collaborative Services that patent claims directed to medical treatment and diagnostic methods were patentable subject matter because they transformed the human body by the administration of a drug and further transformed the drug itself during analytical tests used to determine the drug's concentration in the body, and these transformations were central to the purpose of the claimed method. No. 08-1403, 2009 WL 2950232, at *8 (Fed. Cir. Sept. 16, 2009). This decision provides guidance on how the Bilski machine-or-transformation test applies to medical treatment and diagnostic method claims. The expected Supreme Court decision in Bilski, however, could affect how the Bilski test is applied and thus impact whether such claims are ultimately patentable.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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