The ongoing US debate over the patent eligibility of inter alia isolated DNA, diagnostic methods and dosage regimes has recently resulted in seminal decisions by the US Supreme Court, such as Bilski v. Kappos and Mayo v. Prometheus. As a consequence several high profile cases, such as AMP v. USPTO (Myriad), will now have to be (re-) decided by the U.S. Federal Circuit. It seems even possible that some of these cases might return to the U.S. Supreme Court. This presentation will discuss the most recent U.S. case-law developments concerning these crucial issues.

A presentation given at a 5 days intensive training for practitioners/professionals in Pharma Law & Policy (CSU), 13 – 17 August 2012, 9, at the University of Copenhagen, Frederiksberg Campus