Whether for diagnostics, biomarkers or other Life Science technologies, the Mayo and Myriad case provided questions around the validity of many patent claims as we all recall. The subject matter related to natural products and laws of nature, and the outcomes of these cases have significantly changed the landscape for prosecutors and litigators in the life sciences industry. Since these decisions, the USPTO has issued updated guidance for applicants seeking patent claims to such inventions.

One Nucleus Corporate Sponsor, Fish & Richardson maintains their Mayo/Myriad Life Sciences Tracker to provide a single source for significant decisions in which the patent eligibility of life science claims is addressed under Mayo or Myriad.  The index of sampled cases is updated regularly and can be filtered on various parameters.  A valuable resource for those considering their IP commercialisation strategy.

Reminder Note:  2 November 2022 
BioWednesday: Creating and Defending Sustainable Value in Life Science IP
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