Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

US Appellate Court boosts ‘diagnose and treat’ claims

July 5, 2018
Author(s): Brian Amos, Ph.D., Charles R. Macedo, Alan D. Miller, Ph.D.

Journal of Intellectual Property Law & Practice, jpy091,  https://doi.org/10.1093/jiplp/jpy091

Abstract

Vanda Pharmaceuticals Inc v West-Ward Pharmaceuticals, US Court of Appeals for the Federal Circuit, 126 USPQ2d 1266 (2018), 13 April 2018
 
The US Court of Appeals for the Federal Circuit clarified that, at least in special circumstances, a‘diagnose and treat’claim is both patent-eligible and enforceable.
 
Patentability of medical diagnosis claims has been severely curtailed in the US by the 2012 US Supreme Court decision in Mayo Collaborative Sers v Prometheus Labs, Inc 566 US 66 (2012) (Mayo). This is in contrast to the situation at the European Patent Office (see Brian Amos and Alan D Miller, ‘Differing Diagnoses for European and US Patents. Nature Biotechnology’ (2017) 35(4) Nat Biotechnol...

Full Article



View all Published Articles

Print

Upcoming Events

View all Events >

RSS FEED

Never miss another publication. Our RSS feed (what is RSS?) will inform you when new articles have been posted.

Amster Rothstein & Ebentein RSS Feed Subscribe now!

AREnet Access
©2007-2019 Amster Rothstein & Ebenstein LLP.    All rights reserved. | Disclaimer