06Feb 2020

Recently, the Supreme Court once again refused to take up cases involved in the 101 statute (patentable subject matter). 

Many briefs were filed by the industry, academics, and the government to urge the Supreme Court to update and clarify what is patentable and what is not patentable. The refusal to intervene may be a signal to Congress that it should be up to them to decide on the matter. 

Where do we stand now? Medical diagnostics are still unpatentable, and it is increasingly difficult to obtain patent on natural extracts or genetic material.

Congress tried to legislate on the matter in the early summer, but that attempt has been stopped by members of the industry who could not reach a consensus for whether and how to fix the 101 statute. So, for now, we are still in the same mess that started with the Mayo decision. I will share any relevant updates or comments in future blog articles.

Please contact me at silvia@salvadorilaw.com with questions or comments.

Silvia Salvadori, PhD

Silvia Salvadori, PhD