Medical Alert: Alarming Challenges Facing Medical Technology Innovation

Lawrence M. Sung, University of Maryland School of Law

Abstract

This article addresses the recent federal court jurisprudence that has cast doubt on the continuing vitality of patent rights to medical technology, including genomic information-based innovations. In particular, the cases which have reopened the debate on the limitations of patentable subject matter will be discussed. This article concludes with a few insights and proffers regarding our sense of invention and discovery as applied to medical technology.