Document Type
Note
Abstract
This Note will explore the law regarding the patent eligibility of processes like the patented diagnostic methods at issue in AMP v. USPTO. Part I summarizes the legal standards for the patent eligibility of any process. Part II demonstrates these evolving standards as they are applied to medically related processes. Part III explains, by reconciling the case law using hypothetical claims, the current boundaries between a patent claim to an abstract idea. Part IV analyzes the eligibility of the diagnostic method claims in AMP v. USPTO and concludes with a new formulation of the MorT Test in light of Bilski v. Kappos and an articulation of a legal standard for invalidating a patent claim directed to a law of nature in light of Mayo v. Prometheus.
Recommended Citation
Eric J. Rogers,
Patenting Medical Diagnostic Methods: The Mort Strikes Back,
17 J. Tech. L. & Pol'y
(2012).
Available at: https://scholarship.law.ufl.edu/jtlp/vol17/iss1/4