Diagnostics patent eligibility: a turning point approaches

The patent eligibility landscape under 35 USC §101 has shifted in the past few years, with the courts issuing a series of decisions which threaten to undermine a system designed to encourage and reward innovation and development. The application of this law in one particular area—screening and diagnostic testing during and after pregnancy—highlights the unprecedented difficulty faced by those seeking patent protection in the life sciences arena and points to a potential turning point in the law.

Already registered?

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk

More on this story

Americas

Kirkland subject of alleged conflict in trade secrets clash

19 May 2026 In the firm’s second IP conflict dispute in a year, a healthcare tech company claims Kirkland lawyers "committed the cardinal sin of trying to represent the conflicting interests of opposing parties".

Americas

Takeda to appeal $885m jury verdict over ‘pay-for-delay’ scheme

19 May 2026 The award could rise to several billions under federal antitrust law, after the pharma company was found to have engaged in anticompetitive conduct over constipation drug Amitiza.

Americas

AbbVie’s trade secret suit against a Chinese rival gets green light

18 May 2026 A US court has refused to throw out AbbVie's claim that a former scientist brought its cancer drug secrets to a Chinese rival.