Do Patents to Diagnostic, Theranostic, and Therapeutic Methods Pre-empt Nature?
نویسنده
چکیده
Ever since the U.S. Supreme Court granted and subsequently dismissed the writ of certiorari in Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., those who depend on the patentability of clinical diagnostic methods have been waiting for the other shoe to drop. The provocative dissent to the dismissal by Justice Breyer has sown uncertainty in the diagnostics industry. However, the Supreme Court has not yet properly considered the question of subject matter patentability of clinical diagnostic methods.
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