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One might think that the issue of what qualifies as patentable subject matter has long been resolved by either the U.S. Court of Appeals for the Federal Circuit or the U.S. Supreme Court, particularly since the patent statute itself is explicit on the subject,1 and has been since 1952. One would be wrong, although excuses arguably exist. For instance, it certainly would be fair to point out that technology has evolved over time so it has been difficult to keep up—especially since 1952, and especially given the advancement of both the computer industry, with its speedy networks, devices and super chips (and gadgets), and the life sciences industry, with its enlightening predictive gene sequencing techniques and devices.

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