2020
DOI: 10.1038/s41587-020-0440-4
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One year after Vanda, are diagnostics patents transforming into methods of treatment to overcome Mayo-based rejections?

Abstract: On the first anniversary of Vanda, 1) to what extent have legal arguments and claim amendments based on Vanda been effective in overcoming 35 USC 101 Mayo-based rejections?; and 2) How are applicants transforming diagnostic patent claims into method of treatment claims to overcome Mayo-based subject matter eligibility rejections?

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