Blog Post

Bioinformatics Patents – Subject Matter Eligibility in 2022

MoFo Life Sciences

13 Jan 2022

The increasing presence of data-driven solutions in the healthcare and life sciences sector is apparent from the rise in numbers of patents and patent applications. The number of published bioinformatics patents and patent applications in the last decade has nearly doubled. Bioinformatics patents face an uphill battle due to subject matter eligibility challenges. Within the last five years, the majority of bioinformatics patent applications faced a Section 101 rejection. The challenges continue after prosecution, such as in In re Board of Trustees of Leland Stanford Junior University, where the Federal Circuit affirmed Patent Trial and Appeal Board (PTAB) decisions finding two Stanford patents directed to haplotype phasing ineligible as abstract ideas.  And more recently, the Federal Circuit ruled yet another CardioNet heart monitor patent as invalid for not citing an inventive concept in CardioNet, LLC v. InfoBionic, Inc. 

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