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ARTICLE · 23 FEBRUARY 2014

No Patent For You

Morrison Foerster
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Morrison Foerster

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After years of issuing rulings limiting what can be patented, the Supreme Court turned its attention squarely toward patent eligibility in the life sciences and technology fields.

United StatesIntellectual Property
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Mofo Tech Blog
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Patent eligibility restrictions hit life sciences and tech

After years of issuing rulings limiting what can be patented, the Supreme Court turned its attention squarely toward patent eligibility in the life sciences and technology fields.

Overturning a 30-year practice by the U.S. Patent & Trademark Office of awarding patents on isolated DNA sequences, the court in June declared that Myriad Genetics' patents on two human genes linked to a higher risk of breast cancer were invalid.  That decision came on the heels of a 2012 ruling that a certain personalized medicine test for determining proper drug dosages was a patent-ineligible "law of nature."  Just two years earlier, the court affirmed the rejection of a method patent application on a process for hedging losses in the energy industry.

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