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Mossoff Participates in Press Briefing

On December 1 Professor Adam Mossoff participated in a press briefing on the Supreme Court case of Mayo Collaborative Services v. Prometheus Laboratories, in which the Court will hear oral argument on December 7.

Mossoff gave an overview of the case and answered reporters' questions at the press briefing, which was organized by the Federalist Society.

Mossoff provided reporters with a brief written statement as follows:

"The biotech revolution began in 1980 with the Supreme Court’s decision in Diamond v. Chakrabarty that genetically engineered organisms are patentable inventions, and not simply 'facts of nature.' In Mayo Collaborative Services v. Prometheus Laboratories, the Supreme Court will decide if this revolution has gone too far. The question in Mayo is whether a three-step method for delivering to a patient immunosuppressive drugs is a patentable invention—a new, useful and nonobvious process. If the Court rejects all such processes as unpatentable 'laws of nature' or 'abstract ideas,' the concern is that the Supreme Court may inadvertently foreclose future innovation from the protections of the patent system. This is important because the purpose of the patent system is to promote new innovation, as best exemplified by the biotech revolution itself. Thus the Court must be careful in Mayo not to confuse a possible mistake by the Patent & Trademark Office in granting this drug-delivery patent with the general principle that inventors of new and useful processes should receive protection for their inventions in the patent system."