Patent law seeks to strike a balance regarding patentable subject matter between overprotection, which can impede the free exchange of ideas, and under-protection, which can lessen the incentive to invent. This article summarizes the Supreme Court's recent decision to dismiss Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc., passing on the opportunity to consider the issue of what constitutes patentable subject matter under the Patent Act, and the author outlines recommendations for when the issue is raise by future litigants.
Sue Ann Mota,
What Is Patentable Subject Matter? The Supreme Court Dismisses LabCorp v. Metabolite Laboratories, But the Issue Is Not Going Away,
11 Marq. Intellectual Property L. Rev. 181
Available at: http://scholarship.law.marquette.edu/iplr/vol11/iss1/4