“Method of preparation” involving natural phenomenon is patent-eligible

Description

Abstract: The U.S. Court of Appeals for the Federal Circuit has taken the unusual step of modifying and clarifying an earlier opinion considering whether an invention related to a natural phenomenon was patent-eligible. Although the case deals with a “method of preparation,” this article looks at why it may also provide some valuable clues on how best to structure diagnostic claims to increase the odds of patent eligibility. Illumina, Inc. v. Ariosa Diagnostics, Inc., No. 19-1419 (Fed. Cir. Aug. 3, 2020); Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013).