Stanford Law Review Online: Biomedical Patents at the Supreme Court: A Path Forward
The Stanford Law Review Online has just published an Essay by Professor Arti K. Rai entitled Biomedical Patents at the Supreme Court: A Path Forward. Professor Rai argues that:
While the Supreme Court’s opinions rightly focus on innovation, they fall short in their efforts to prescribe how patent eligibility can be used to promote innovation goals. Critics have bemoaned the uncertainty created by the Court’s decisions. The Mayo case in particular has prompted justifiable concern that its resuscitation of old, and long-criticized, approaches to subject matter eligibility will undermine the promise of personalized medicine.
Without a doubt, the Court’s recent spate of activity in the area of patent eligibility and diagnostic patenting has caused considerable anxiety for those concerned about innovation. Ideally, the question of subject matter eligibility would have been addressed more fully decades earlier. At least on the reading advanced here, however, the Court’s opinions may not pose the barrier to innovation that some fear.
Read the full article, Biomedical Patents at the Supreme Court: A Path Forward at the Stanford Law Review Online.