Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
IAM Reports on NATURE published paper "Differing Diagnoses for European and US Patents by Alan Miller, Ph.D and Brian Amos Ph.D

May 17, 2017

IAM Reported:
Adding to that growing discrepancy between the US and other major patent jurisdictions, a more recent paper from two private practice lawyers found that the Supreme Court’s decision in Mayo v Prometheus is having a significant effect on applications for medical diagnostic patents. The authors, Brian Amos and Alan Miller. from Amster, Rothstein & Ebenstein, looked at 31 Patent Cooperation Treaty (PCT) diagnostic applications and compared the fate of those filings in the US and Europe. While 30 of the 31 were allowed or pending (with no 101 rejection equivalent) in Europe, in the US just two had made it through, with the remaining 29 either abandoned or pending having received a 101 Mayo rejection.  The Intellectual Property Watch website picked up on the paper and you can see its story here.
The Amos and Miller study is based on a small sample, but the degree to which applications have been rejected should still act as a wake-up call in the US and a sharp reminder that eligibility concerns are not all about business methods and software.

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