The Supreme Court recently ruled unanimously that the claimed methods for optimizing the dosage of medication based on a body's reaction to the drug were unpatentable under section 101 of the Patent Act. In particular, the Court ruled that the patent claims covered “natural phenomena,” which cannot be patented because they are the fundamental building blocks of science. The Court acknowledged that a “practical application” of a natural phenomenon may be patent-eligible, but found that the claims at issue did not add enough subject matter to avoid preempting the phenomenon itself.
May 06, 2013
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