February 2, 2024
Authored and Edited by Adriana L. Burgy; Stacy Lewis†
The subject matter eligibility hurdle continues to loom for drafters of diagnostic claims. The goal is to draft claims that will be construed under the line of the few cases with diagnostic claims that have survived a §101 challenge:
Some suggestions that may be helpful to secure claims that will be valid and enforceable and clear the subject matter eligibility hurdle:
†Stacy Lewis is a Law Clerk at Finnegan.
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