As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?

Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?

10 minute read June 01, 2019 at 12:09 AM
By
Wesley Overson, Otis Littlefield, Mat Swiderski, and Stephanie Blij
As Section 101 and the Progeny of Mayo and Myriad Continue to Wreak Havoc on Portfolios, How Is The Life Sciences Industry Fighting Back?

For years, the United States Patent and Trademark Office (Patent Office or USPTO) allowed claims to biological discoveries including DNA or protein sequences as long as the claims did not encompass the sequences in their natural setting.

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