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Prometheus reiterates broad patent eligibility standard

Eileen McDermott, New York


Bilski has done little to change the Federal Circuit’s approach to assessing the patent eligibility of diagnostic method claims, according to an opinion issued last week

The Federal Circuit originally ruled in Prometheus v Mayo (2009) that the claims at issue - which cover methods of determining the proper dosage of thiopurine drugs in patients - satisfied both prongs of the court's machine-or-transformation test, as they...


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