After Mayo, Patent Office Will Require ‘Significantly More’ than a Law of Nature for Patentability

The U.S. Supreme Court’s recent decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., may affect the ability of companies to protect valuable innovations emerging from basic research. The Court, on March 20, 2012, found that Prometheus Laboratories Inc.’s claimed method was unpatentable because it attempted to monopolize a law of nature. The U.S. Patent Office has advised patent examiners that patent claims must amount to "significantly more" than a law of nature, natural phenomenon, or abstract idea.

Kimton Eng
Partner

Jennifer Lane Spaith
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Elen Wetzel
Associate

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