This year, the U.S. Supreme Court issued two significant opinions that will impact patent protection in the life sciences arena for many years to come. Arguably, the court seesawed by strengthening patent protection in one opinion while weakening patent protection in the other by declaring that certain discoveries cannot be patented. Nonetheless, the court has provided valuable guidance to those who seek patent protection, and a close inspection of these two opinions — Association for Molecular Pathology v. Myriad Genetics Inc., 133 S. Ct. 2107 (2013), and Bowman v. Monsanto Co., 133 S. Ct. 1761, rehearing denied, 2013 WL 3778991 (2013) — reveals that the court has adhered to the principle that innovation should be rewarded.
Patent Eligibility
