Last week, the potentially landmark lawsuit LabCorp v. Metabolite got dropped from the US Supreme Court. The three dissents were hell bent on kicking patentability back a notch, and I am with them. However I think everyone who is actually practicing patent law would prefer to let the sleeping beast sleep for some more.
But I guess we shouldn’t speak too fast. In the mid-to-late 1900s we’ve had some serious caselaw over what is obvious in respect to what can be patented. Needless to say it’s a big, grey mucky area that no one can say for sure all the time. As a subscriber of the future curve theory of social and scientific progress, I feel like a war profiteer, going into this industry during such a time of unrest. Indeed times have changed, will our jurisprudence remain?