SCALPELS OVER SLEDGEHAMMERS: SAVING DIAGNOSTIC PATENTS THROUGH JUDICIAL INTERVENTION RATHER THAN LEGISLATIVE OVERRIDE.

Authors :: Nguyen, Elaine H.
Source :: Duke Law Journal. April, 2021, Vol. 70 Issue 7, p1631, 32 p.
Publication Year :: 2021
Abstract: ABSTRACT Diagnostic tests have become indispensable in the rapidly growing field known as "precision medicine." Precision medicine tailors treatments to individual patients by using these diagnostic tests to identify how [...]

Subjects :: Balancing tests (Law) -- Analysis
Economic incentives -- Laws, regulations and rules
Patentability -- Laws, regulations and rules -- Standards
Exclusive and concurrent legislative powers -- Laws, regulations and rules
Judicial review -- Laws, regulations and rules
Ariosa Diagnostics, Inc. v. Sequenom, Inc. (809 F.3d 1282 (Fed. Cir. 2015))
Mayo Collaborative Services v. Prometheus Laboratories (132 S. Ct. 1289 (2012))
Government regulation
Patent Code of 1952 (35 U.S.C. 101)

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