Abstract

     The Supreme Court has shown an interest in the Intellectual Property area recently, particularly with respect to patentability under 35 U.S.C. §101. An appeal entitled LabCorp v. Metabolite raised the product of nature exception to patentability, but this issue was not decided by the full court. To understand what may happen in a similar appeal, the present article reviews what occurred in the LabCorp case, the relevant Supreme Court decisions that preceded it, and relevant case law that has arisen afterwards. This article also discusses the potential effect on biological and diagnostic claims that are already issued or pending.