Submitted by M.R. Jordan on Thu, 21/05/2020 - 12:17
LML is delighted to announce that the Vanderbilt Journal of Entertainment and Technology Law has published ‘The Effects of Myriad and Mayo on Molecular-Test Development in Europe: Interviews from the Frontline’, by Dr John Liddicoat, Dr Kathy Liddell, and Professor Mateo Aboy.
The decisions of the US Supreme Court in Association for Molecular Pathology v. Myriad Genetics Inc. and Mayo Collaborative Services v. Prometheus Laboratories caused the US and European laws on patentable subject matter to diverge significantly. Both cases addressed issues of what constitutes patentable subject matter in the context of molecular testing, and their outcomes altered decades of established patent practice.
This paper presents the results of an interview-based study investigates whether the US judgments have had an adverse effect on molecular testing in the US and Europe. It has three main findings:
- That the cases have negatively affected the development of some molecular tests; particularly in the US where organisations have found the ensuing legal uncertainty difficult to navigate.
- Small organisations which rely heavily on patents for competitive advantages have been the most heavily affected by the decisions, as patent protection is often now weaker and more difficult to obtain.
- US-headquartered organisations have been more heavily affected than EU counterparts, even where both file for patents in the US.
The paper is available in full here.