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Is there life for medical diagnostic patents after Prometheus?

01-05-2012

MaryAnne Armstrong

Is there life for medical diagnostic patents after Prometheus?

The Supreme Court’s much-anticipated Prometheus decision has prompted strong reactions among IP practitioners, as MaryAnne Armstrong, PhD, explains.

On March 20, 2012, the US Supreme Court handed down the long-awaited decision in Mayo Collaborative Services v Prometheus Laboratories Inc. The Prometheus decision rocked the IP world and left people wondering whether there is any room left for patents in the medical diagnostic industry, particularly as it applies to personalised medicine.

The claims in the Prometheus patent were directed to a method of optimising therapeutic efficacy for treatment of an immune-mediated gastrointestinal disorder, comprising:

(a) administering a drug providing 6-thioguanine; and


diagnostic patents, Prometheus, Myriad, Smartgene

WIPR

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