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Mayo v. Prometheus: The Eternal Conundrum of Patentability v. Patent Eligibility<span style="white-space: pre;"> </span>

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Title Statement Mayo v. Prometheus: The Eternal Conundrum of Patentability v. Patent Eligibility<span style="white-space: pre;"> </span>
 
Added Entry - Uncontrolled Name Kacheria, Aman Anish; Government Law College, Mumbai
 
Uncontrolled Index Term (patentability; intellectual property; biomedical claims; mayo v. prometheus)
 
Summary, etc. <p>In 2012 the Supreme Court adjudicated a profound medical claim in <em>Mayo Collaborative Services v. Prometheus Laboratories Inc., </em>which has the potential of radically altering patent law and § 101 jurisprudence. The judgment came as a shock to the patent community; however, judgments of the lower courts therewith have echoed similar decisions to show the judgment in <em>Prometheus</em> simply cited Supreme Court jurisprudence. This paper talks about the judgment and its effects on the rulings of the Federal Circuit as well as District Courts, and its effect on medical claims. It gives an insight into patent laws in the United States and where it is headed. While the Federal Circuit remains split as to how narrowly it would construe <em>Prometheus</em> so as to apply it to other cases, its forthcoming opinion en banc on <em>CLS Bank Int’l v. Alice Corp. Pvt. Ltd. </em>is likely to unify its interpretation. What is yet to be seen is how broadly the District Courts will see the judgment so as to judge similar medical claims. The process has already been started, as will be explained in this paper, the effects of which however are too early to be discussed.</p>
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2023-04-05 12:51:41
 
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http://op.niscair.res.in/index.php/JIPR/article/view/6774
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 19, ##issue.no## 6 (2014): Journal of Intellectual Property Rights
 
Language Note en
 
Nonspecific Relationship Entry http://op.niscair.res.in/index.php/JIPR/article/download/6774/18591