Chapter 5: Consideration by the Federal Circuit
As was seen in Chapter 2, in the early period, before the decisions of the Court in Benson, Flook and Diehr, the Federal Circuit opined on the issue of whether medical and diagnostic patents were patentable in the early period. In the 1980s, it produced some of its more direct decisions that centred on that question; however, it was in the period after the decision of the Court in Laboratory Corporation that the plethora of decisions of the Federal Circuit in relation to medical patents commenced. It is important to consider these cases because the majority of decisions on this area were considered in the Federal Circuit and its views on the patent eligibility of medical and diagnostic methods have certainly influenced the Court when it finally decided the issue in Prometheus. This chapter considers in detail the decision of the Federal Circuit before and after it became active in delineating the issues at the heart of patent-eligibility of medical and diagnostic methods – which it did in no less than five decisions handed down in 2010 and 2011. These decisions directly provide the backdrop against which the patentability of medical patents must be assessed subject, of course, to the definitive statement of the Court in Prometheus.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.