Perspective
Jun. 4, 2009
An Unclear Diagnosis
Section 101 of the U.S. Code is a blunt instrument ill-suited for discerning patentable subject matter in emerging technologies, write Michael Shuster and Juleen Konkel.
What constitutes patentable subject matter? The tension between the broad language of 35 U.S.C. Section 101 and the limitations of its scope by the courts is playing out in the context of patent eligibility of process claims. For claims directed to diagnostics and other aspects of personalized medicine, the issue has been framed in terms of pre-emption; do the claims impermissibly seek to monopolize a law of nature? <...
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