BIO Files Amicus Brief in Case Addressing Clear and Predictable Rules of Patent-Eligibility (U.S. Court of Appeals for the Federal Circuit)
BIO filed an amicus brief in Natural Alternatives International Inc. v. Creative Compounds, LLC at the U.S. Court of Appeals for the Federal Circuit.
BIO’s members are concerned that, six years after the Supreme Court decided Mayo Collaborative Services v. Prometheus Laboratories, Inc., uncertainty remains about the patent-eligibility of biotechnological products incorporating naturally-occurring substances, and of methods of using such products in therapeutic, diagnostic, or industrial processes. This uncertainty affects biotechnologies ranging from biomarker-assisted methods of drug treatment to companion diagnostic tests, fermentation products, industrial enzyme technology, and marker-assisted methods of plant breeding. As developers of, and investors in, such advanced technologies, BIO members have a strong interest in clear and predictable rules of patent-eligibility. BIO submits the brief to assist the court in the orderly development of the law in this important area.