Patenting Medical Devices and Procedures

Introduction There is a great deal of valuable intellectual property associated with medical technology.  However the patent landscape is, in my opinion, unclear and unsettled.  Diagnostic procedures that utilize human biologic functions are denied patent protect because the procedures rely on “natural law”. I have tried to outline the problem using the actual wording of disputed patents…

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Patenting Medical Diagnostic Procedures

INTRODUCTION There is a string of cases holding patents invalid on the basis that the patent is merely claiming an aspect of natural law.  This involves patents pertaining to medical diagnostics. Patents for medical diagnostic procedures may involve a dependency upon reactions or results that are a function of natural law (35 U.S.C. Section 101).  For example,…

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