Abstract
Since the patent system was established, it has withstood numerous generations of legislatures and litigators, proving its resilient nature. Recently, patentable subject matter has come under scrutiny following a number of noteworthy Supreme Court decisions. The long-standing judicial exceptions to patentability—laws of nature, natural phenomena, and abstract ideas—have been transformed under a new judicial framework. Applying this new framework in Association of Molecular Pathology v. Myriad Genetics, the Supreme Court made a definitive determination for patents claiming natural phenomena and laws of nature.
Accordingly, this Note argues this was the most significant decision under the new framework, as it set the stage for the future of biotech and medical diagnostic patents. Until Congress acts to change the results of this decision, the lower courts, patent agents, and inventors must adapt to meet the ever-changing landscape of patentable subject matter, while balancing the competing policy arguments.
Recommended Citation
Amber Sanges,
Rolling With the Punches Since 1793: The Patent System Before and After Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013),
41
S. Ill. U. L.J.
305
(2017).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol41/iss2/11