A STRUGGLE FOR CLAIRVOYANCE—SECTION 101 OF THE PATENT ACT AS A GATEKEEPER TO PATENT ELIGIBILITY: MAYO COLLABORATIVE SERV. v. PROMETHEUS LABORATORIES, INC.

 William J. Manolis

In Mayo Collaborative Services, et al. v. Prometheus Laboratories, Inc., the United States Supreme Court affirmed the implicit prohibition against patentability contained in § 101 of the Patent Act of 1952 (“the Patent Act”), specifically, that laws of nature, natural phenomena, and abstract ideas are not patentable. In arriving at its decision, the Court noted that § 101 of the Patent Act must be applied as the threshold test for determining subject-matter patentability. Continue Reading>

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