Breyer pushes for clearer 101 test for diagnostic methods

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

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

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login

Topics

United StatesNewsPatentsNorth AmericaJurisdictions
more from across site and SHARED ros bottom lb

More from across our site

Trademarks
Shwetasree.jpg
‘Do your best to be disruptive’: Fidus head on female leadership
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Sukanya Sarkar, January 21 2026
Patents
Hady's HD Photo.png
Life in ‘fast forward’: combining law, tech and problem solving
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
January 21 2026
Patents
Photo merge template.png
How shower maker cleaned up at the Court of Appeal
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
Max Walters, January 20 2026
Patents
Paul Derry Partner and Patent Attorney in the Electronics Software and Computing team at Venner Shipley.jpeg
Venner Shipley unveils Bristol office
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
Max Walters, January 20 2026
Trademarks
Artboard 1 copy 6@4x.png
The IP Lounge: INTA’s 2026 president on her holistic IP vision
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Sanjana Mishra, January 19 2026
Trademarks
Artificial intelligence (AI), machine learning and modern computer technologies concepts. Business, Technology, Internet and network concept.
How AI will overhaul IP firm operations in 2026
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Sukanya Sarkar, January 19 2026
Patents
AI learning
'We’re all in this together': law firms pursue 'symbiotic' AI relationships
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
Sanjana Mishra, January 16 2026
Patents
A dynamic low-angle shot of two high-performance sports cars racing side by side, with motion blur emphasizing speed and excitement as one car overtakes the other on a professional race track
Weekly take: The firms that could steal a march in a pro-patent era
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Sanjana Mishra, January 16 2026
Trademarks
china.jpg
Change ahead: unpicking China’s draft TM law amendments
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
Amanda Yang, January 16 2026
Patents
EUIPO office, Alicante
This week on MIP: Nokia signs deal with Snapchat | Record year for the EUIPO
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
Max Walters, January 16 2026
Gift this article