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Federal Circuit rejects bio patent citing Bilski

Eileen McDermott, New York

A patent covering diagnostic method claims was rejected by the US Court of Appeals for the Federal Circuit on Friday based on the Court’s controversial decision in In re Bilski, which changed the test for determining patent-eligible subject matter in the US

Although the opinion was non-precedential, it could have significant implications for the biotechnology industry.

The patent at issue (number 5,723,283) covers a "method of immunization, and compositions therefore ... for substantially preventing or reducing the symptoms of at least one...

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