Supreme Court declines to clean up its IP mess

The Supreme Court had a chance but decided not to clarify what kinds of diagnostics can be patented

Over the last decade the U.S. Supreme Court has issued a series of decisions on the patentability of diagnostics that have befuddled lower courts, stifled investment, and led former U.S. Patent and Trademark Director David Kappos to tell BioCentury that it is “easier to get a bio patent in China than in the U.S.” (see “101 Problems with Patent Eligibility”).

The Supreme Court announced

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