Diagnostic Tests Can Be Patented, U.S. Court Rules
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Diagnostic medical tests can be patented, a U.S. appeals court ruled in its first decision on the issue since a landmark Supreme Court case six months ago on business-method patents.
Prometheus Laboratories Inc.’s method of determining the dosage of medicines to treat stomach diseases can be patented, the U.S. Court of Appeals for the Federal Circuit in Washington said. Closely held Prometheus had lost a lower court case in which it sued the Mayo Clinic for infringing two patents. The Federal Circuit reversed the ruling in 2009 and today upheld its decision, saying a judge erred in ruling the patents invalid.