It's that time of year when we make resolutions to improve
our health, our relationships, our careers, or other areas of our
lives. I'm not starting a new diet today (although if I were,
the invention described in this patent application could be helpful), but
I have been thinking about New Year's resolutions for the U.S.
patent system.
Make Diagnostic Methods Patentable Again
It's been nearly six years since the Supreme Court called
the patent eligibility of diagnostic methods into question in
Mayo v. Prometheus, and two and a half years since the
Federal Circuit twisted the knife with its decision in
Ariosa v. Sequenom. The USPTO issued
guidelines to help stakeholders navigate the newly treacherous
§ 101 terrain, but when even the Patent Trial and Appeal Board
doesn't let applicants follow those narrow paths, it's
no surprise that individual examiners find roadblocks where none
used to be. Several organizations are working on proposed
legislative "fixes,"but
