In my previous article, we discussed the balances presently being made in the implementation of the American Invents Act (AIA). As stated in that article, the nature of the bargain struck often depends on your perspective.

Last month, we saw the Supreme Court genuinely struggle with finding the right balance as to the patent eligibility of medical methods relative to the laws of nature in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In attempting to fashion a solution that would remain technologically neutral, the court recognized that the “practical effects” of such rules “may differ from one field to another.”

Many in the biotechnology and pharmaceutical industries can surely identify at least one group for whom the practical effects of Mayo differed, and the court recognized that not everyone would be satisfied with the decision. As the court intimated in Bilski v. Kappos and stated even more clearly in Mayo, if you don't like what we have done, take it up with Congress (“And we must recognize the role of Congress in crafting more finely tailored rules where necessary”).