The creation of the Mayo/Alice two-step test for patent eligible subject matter flipped the patent world upside down. Following its establishment, invalidation rates soared—particularly in the healthcare sector—impacting patients everywhere. The importance of patents in healthcare innovation and innovation generally has been emphasized as the consequences of this framework are realized.
The United States is no longer seen as a clear leader in innovation, and as a result, the economy is at risk. Start-ups and investors have turned to foreign nations where return on their investments in innovation are protected. This level of uncertainty regarding patents has never been seen in the United States. As a country that has emphasized the importance of cutting-edge quality care for patients, all that we know is in question. To preserve the healthcare industry, Congress must step-up; in repealing the Mayo/Alice framework, there is hope that the patent system may return to its former glory. But it is up to us, the patients, to fight for the healthcare that we deserve. Our lives, the lives of the ones we love, and the lives of those we don’t know are impacted by this. Focus the patents back on the patients and return the “I” of innovation.
St. Mary's University School of Law
Brent. A. Bauer
From Patients to Patents: The Disappearing I of Innovation,
St. Mary's L.J.
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol53/iss4/6