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At Solicitor General’s Urging, Supreme Court May Take Up Patent Eligibility Dispute Riling Biopharma

 
• By Brenda Sandburg

Federal Circuit’s rulings on subject matter patent eligibility have fractured the court, the US government says in advising the high court to review American Axle v. Neapco to provide clarity. BIO, former PTO director Kappos and Sen. Tillis also urge Supreme Court to hear the case.

cogs and pills
Solicitor General advises US Supreme Court to clarify law on what inventions can be patented • Source: Nielsen Hobbs; the Pink Sheet | Shutterstock images

For several years, the biopharma industry has complained that court rulings have restricted the types of inventions that can be patented. Some of their concerns could be addressed by the US Supreme Court if it takes up a case recommended by the Solicitor General.

Last May, the court asked the Solicitor General to submit a brief in the case, American Axle Manufacturing, Inc. v. Neapco Holdings LLC

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