Breyer pushes for clearer 101 test for diagnostic methods

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Breyer pushes for clearer 101 test for diagnostic methods

December 08 2011

Supreme Court justice Stephen Breyer, author of the well-known dissent in LabCorp v Metabolite expressing scepticism over the patent eligibility of diagnostic method claims, pressed the parties in Mayo v Prometheus today to better explain how the Court should determine when a law of nature has been sufficiently applied to make it patentable

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