Tag Archives: Prometheus; Genetic Testing; Gene Patents;

Dissecting Prometheus – My Wish List

In his March 23rd Patently-O blog, Dennis Crouch posted a U.S. Patent and Trademark Office memorandum to examiners setting forth the Office’s current thinking on application of the U.S. Supreme Court’s recent Mayo v. Prometheus holding to patent examination. The memorandum preliminarily advises examiners to reject a patent claim under 35 U.S.C. § 101 if the … Continue reading this entry

U.S. Supreme Court: Prometheus' Patents Set Forth Laws of Nature

The U.S. Supreme Court reversed the Federal Circuit and held that Prometheus’ patents claiming a method to optimize therapeutic efficacy for the treatment of immune-mediated gastrointestinal disorders were invalid. Mayo Collaborative Services v. Prometheus Laboratories, Inc., __ U.S. __ (2012). [Prometheus] Justice Breyer, writing for a unanimous Supreme Court, held that Prometheus’ patent claims set forth … Continue reading this entry