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U.S. diagnostic method patents under siege

Thursday, September 01, 2016 @ 8:00 PM | By Andrew Montague and Andrew Kaikai

The life sciences sector has been rocked by a series of high profile U.S. court decisions invalidating diagnostic method patents. The situation in Canada remains to be determined. Nevertheless, the Canadian Intellectual Property Office (CIPO) continues to look southward when determining what should and shouldn’t be considered patentable subject matter in Canada.

In May, the United States Patent and Trademark Office (USPTO) released new subject matter eligibility examples for the life sciences. These examples expanded upon the USPTO’s 2014 Interim Guidance on Subject Matter Eligibility, which...