A Retrospective on Myriad Genetics: What Makes Medical Diagnostics Patent-Eligible 8 Years Later?

The law on whether medical diagnostic methods are patent-eligible can be challenging. Inventors who have heard of cases like Myriad Genetics may end up believing that methods of diagnosing disease are per-se ineligible for patent protection under 35 U.S.C. § 101.  Judge Moore of the Federal Circuit has remarked that “[s]ince Mayo, we have held every single diagnostic claim in every case before us ineligible.” Yet the Federal Circuit has hinted that inventions in the medical diagnostic space may be eligible or protection when the claims are directed to applications of laws of nature rather than the laws of nature themselves. Recent caselaw highlights the line that divides ineligible and eligible subject matter.

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