Biopharma Dismayed US Supreme Court Declines To Take Up Case On Patent Eligibility

The Court denies a petition for review of American Axle and Manufacturing v. Neapco despite requests from the US government, BIO and former PTO director Kappos that it take up the case to  provide greater clarity on the types of inventions that may be patented.

Patent eligibility
The US Supreme Court denied a petition requesting review of a case involving patent eligibility. • Source: Shutterstock

The US Supreme Court dashed the hopes of the biopharma industry in declining to take up a case to further address what inventions are eligible to be patented.

The Biotechnology Innovation Organization and others have long sought a course correction to the court’s rulings on subject matter patentability. They thought the court might grant review of American Axle and Manufacturing Inc. v. Neapco Holdings LLC and reconsider the issue after the US Solicitor General advised it to do so. BIO and former US Patent and Trademark Director David Kappos also filed amicus briefs in support of the petition

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