Biz Method Patents-still kicking sand in our eyes
The US Supreme Court's denial of review the LabCorp v Metabolite dispute leaves so-called "business method" patents a gray area.
At issue was whether a method for testing vitamin deficiencies was patentable.
Quoting Schossler, in part:
Both the District Court and the U.S. Court of Appeals for the Federal Circuit agreed with Metabolite that its patent was infringed every time a doctor made the association between an elevated homocysteine level and vitamin deficiency.
LabCorp filed for a writ of certiorari in November 2004, seeking to overturn the infringement ruling. The company maintained that the patent claim is invalid on the grounds that it seeks to claim a monopoly over a basic scientific relationship.
In an era of one click two click "methods" , diagnostics as a "method" subject to monopoly raises concerns deeper than those cudgeling it out in the arena of e commerce.
As a FAQ on "What is patentable?" the interpretation .."of the statute by the courts define the limits of the field of subject matter that can be patentable."
Practitioners and business folk ought to consider what this confusion in the US augurs in term of global licensing and enforcement.....
To be continued.....
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