Biotech Patent Eligibility: Why we Care about Conventionality

Authors

Michael J. Moedritzer

Abstract

While the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these types of academic innovations.

First Page

112

Recommended Citation

Michael J. Moedritzer, Biotech Patent Eligibility: Why we Care about Conventionality, 7 Bus. Entrepreneurship & Tax L. Rev. 112 (2024).
Available at: https://scholarship.law.missouri.edu/betr/vol7/iss1/8