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Differing diagnoses for European and US patents

Medical diagnostic patent applications in the United States and Europe face diverging fates following the Supreme Court's decision in Mayo.

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Figure 1: Fate of diagnostic patent applications.


  1. Bayh–Dole Act (Pub. L. 96-517, December 12, 1980).

  2. 35 U.S.C. § 101.

  3. US Const. Art. I, § 8, cl. 8.

  4. Mayo Collaborative Services v. Prometheus Laboratories, Inc. 132 S. Ct. 1289 (2012).

  5. Ledford, H. Nature 536, 382 (2016).

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  6. US patent 6,258,540 B1 (10 July 2001).

  7. Ariosa Diagnostics, Inc. v. Sequenom, Inc. 788 F.3d 1371 (Fed. Cir. 2015).

  8. European Patent Convention Article 52(4) (2007).

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We thank C.R. Macedo for his comments on an earlier version of the manuscript. The views expressed herein are those of the authors and do not necessarily represent those of Amster, Rothstein & Ebenstein, LLP, or its clients. Nothing in this article is to be construed as legal advice or as a substitute for legal advice.

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Correspondence to Alan D Miller.

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The authors declare no competing financial interests.

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Amos, B., Miller, A. Differing diagnoses for European and US patents. Nat Biotechnol 35, 334–335 (2017).

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