Donika Pentcheva’s legal research has been cited in an article published by the University of Minnesota’s Law Review. The article delves into patentable subject matter.
The article concludes as follows:
Mayo, Myriad, and Alice streamlined the patentable subject matter doctrine into a two-part test that proves difficult to apply to epigenetics-based inventions. The close relation between epigenetics-based inventions and their underlying natural phenomena and laws complicates patent eligibility determinations, resulting in inconsistent invalidation decisions and uncertain patent rights. This uncertainty creates problems in growing biotech fields, where start-ups need clearly enforceable patent rights to attract investment or acquisition. Without investment or acquisition, epigenetics start-ups lack the capital and regulatory expertise to efficiently bring new cures to market. Instead of leaving epigenetics mired in uncertain intellectual property rights, Congress should address this issue by categorically exempting epigenetics-based inventions from § 101, with the understanding that the obviousness requirement from § 103 adequately addresses the Supreme Court’s concerns about overly
broad patents stagnating progress.
The article can be accessed at: Sikora_MLR.pdf (minnesotalawreview.org).
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