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Medical treatment and diagnostic claims are patentable

  • Kilpatrick Townsend & Stockton LLP
  • -
  • USA
  • -
  • September 18 2009

The Federal Circuit has calmed some anxiety over the patentability of medical diagnostic methods under 35 U.S.C. 101 with its decision in Prometheus Laboratories, Inc. v. Mayo Collaborative Services, holding that some method of treatment and diagnostic methods are indeed patentable subject matter