Medical diagnostics patents aren’t dead yet. At least, not all of them.

Last year, the U.S. Court of Appeals for the Federal Circuit and the solicitor general called on the Supreme Court to reconsider the application of Section 101 of the Patent Act to medical diagnostics. “Since Mayo, we have held every single diagnostic claim in every case before us ineligible,” Judge Kimberly Moore of the U.S. Court of Appeals for the Federal Circuit wrote for herself and three other judges in Athena Diagnostics v. Mayo Collaborative. “The bottom line for diagnostics patents is problematic,” Judge Todd Hughes of the U.S. Court of Appeals for the Federal Circuit wrote for himself and two others.

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