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Paul Cole on Athena Diagnostics v. Mayo

In an article published on IP Watchdog, Professor Paul Cole critically examines a recent trend in US courts, lately confirmed in Athena Diagnostics v. Mayo Collaborative Services, to play down “incremental inventions”, even when they result from pioneering work of world-leading research institutions.

“The Mayo/Alice framework needs reconsideration to place pioneering or breakthrough inventions and incremental inventions on a level playing field. No such disadvantage is imposed on inventors in Europe and there is no credible policy justification for such illogical and harsh treatment.”

Read the full article and the forum discussion here.