December 16, 2011

What Added To Nature Would Make The Subject Matter Patentable (Mayo Collaborative vs Prometheus)

This case could be one landmark decisions on the matter of patentability of subject matter. The case involves the Patent of Prometheus which involves the claim on the “numbers” that it reflects on the dosage of thiopurines. There are suggestions or indicator to the suggested numbers. Following question of law is involved
1. Can numbers be patented (which are reflected out of theuropeutic process).
2. What is the test for the patentability involving the natural phenomenon? When the subject matter turns patentable and doesn’t remain a mere abstraction.
A federal judge invalidated the patents, holding that the patent couldn't cover the body's reaction to drugs and thus the numbers. The U.S. Court of Appeals for the Federal Circuit, which specializes in patent issues, overturned the lower court order.
The questions on the patentability of numbers is defended by the principle of utilty, wherein in particular, on the question of court on invalidity of numbers in the correct range later in time, it was defended that it can be taken care by utility. Thus, if the patentable range of numbers are no more correct at some later point of time, the utility is lost and the Patent defeats.
Other important questions are raised by justice Scalia and Justice Kennedy in the case. The arguments are worth reading.
I am sure, I am going to put some views on this hugely and tempting topic sooner. The arguments can be heard at oyez.
The arguments were heared on 7th of December, 2011.