On the sixth anniversary of Mayo, an empirical study examines the impact of the US Supreme Court decision on patent subject-matter eligibility and patent prosecution of biotech related patent applications before the USPTO. On March 20, 2012, nine judges of the US Supreme Cour t held unanimously that "Prometheus' patents set forth laws of naturenamely, relationships between c o n c e n t r a t i o n s o f c e r t a i n metabolites in the blood and the likelihood that a dosage of a t h i o p u r i n e d r u g w i l l p r o v e ineffective or cause harm" 1 .
An analysis of how today's patent law will affect tomorrow's innovation in three areas of precision medicine: (1) biomarkers and nature-based products; (2) diagnostics; and (3) algorithms, big data, and AI. No topic in medicine garners more interest today than precision medicine, with its goal of better tailoring treatment to patient needs. It is not only patients who stand to benefit from better diagnosis, prognosis and treatment, but also the organizations investing in its r e s e a r c h a n d d e v e l o p m e n t 1. According to one recent estimate, the global precision medicine market accounted for $43.59 billion in 2016 and is expected to reach $141.70 billion by 2026 with a compound annual growth rate of 11.23% between 2017 and 2026 2 .
After Myriad, what types of claim amendments change a patent ineligible isolated gene claim into an eligible patent claim that is 'markedly different' from Nature?
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