Intellectual Property
Aug. 30, 2012
Prometheus for the practitioner
Patent attorneys may need to stiffen their resolve and make sure that they exercise extreme caution when claiming subject matters related to laws of nature. By Peter J. Gluck and Tom Brody of Baker & Hostetler LLP
Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012), involved patents with claims to a method of diagnosis. Some types of diagnostic tests include those for prostate-specific antigen (cancer test), HER2 expression test (test for qualifying patients for antibody therapy), and various gene array tests. Gene array tests are used to identify patients at risk for a disease, patients likely to ...
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