Patent lawyers are clever draftsman and even the novice patent prosecutor quickly learns how to write a claim to make a simple invention seem like the work of an engineering genius and well-deserving of patent protection.
The Supreme Court’s most recent patent law decision, Mayo Collaborative Services v. Prometheus Labs Inc., limits the scope of the intellectual subject matter that is eligible for patent protection under 35 U.S.C. § 101. As a result, Prometheus has not been warmly received by the patent bar. For example, the case has been the subject of a five-part-tirade guest post on the prominent patent law blog Patently O.
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