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Centre for Law, Medicine and Life Sciences

Faculty of Law

LML’s evidence-based IP research group is pleased to announce that it has published another article in Nature Biotechnology.

The paper titled -- ‘One year after Vanda, are diagnostics patents transforming into methods of treatment to overcome Mayo-based rejections?’ -- examines the effect of the decision in Vanda Pharmaceuticals Inc., v. West-Ward Pharmaceuticals International Ltd. on patent prosecution. Specifically, the paper addresses two research questions:

  1. One year after Vanda, to what extent have legal arguments and claim amendments based on Vanda been effective in overcoming 35 USC 101 Mayo-based rejections?
  2. How are applicants transforming diagnostic patent claims into method of treatment claims to overcome Mayo-based subject matter eligibility rejections?

The article was co-authored by Prof. Mateo Aboy, Dr Cristina Crespo, Dr Kathy Liddell, Mr Neil Davey, Dr John Liddicoat, and Prof. Timo Minssen.

This is the fifth publication by this LML research group to be accepted by Nature Biotechnology in four years.  Authors from this group previously published: 

Empirical studies continue to be a core focus of LML research, and feature significantly in LML's contribution to the CeBIL research programme.