On March 4, 2020, Michele Van Patten Frank published "Patent eligibility in medical diagnostics" in IAM. The article can be found here and an excerpt is below:
Arguably no other sector in the United States has been affected by ongoing uncertainty in the laws on patent-eligible subject matter to the same extent as life sciences and, specifically, medical diagnostics. With the Supreme Court declining to take another Section 101 case and the Federal Circuit admitting that its hands are tied by existing case law, companies in this field continue to ponder just what is patent eligible. And while the picture is clearer in many other jurisdictions, innovators there still have to negotiate a complex web of case law, legislation and best practice if they are to receive the strongest possible patent grants.
This roundtable brings together experts from some of the world’s key jurisdictions to offer their insights – including Michele Van Patten Frank from Venable. This roundtable discusses how the patent eligibility landscape is evolving in their respective markets and demonstrates how high-quality prosecution advice can help companies to craft the best possible patent applications with the highest chance of success.