Mayo vs. Prometheus resulted in a net weakening of protection, so reversing strengthens on net.

Recently, someone who took the patent bar review course I teach asked whether my views on the Supreme Court decision in Mayo v. Prometheus had changed, or moderated. Yes, my views on Mayo have changed, perhaps significantly in some ways, but they certainly have not moderated. As we approach the fifth anniversary of the Supreme Court’s decision this is what I know — Mayo v. Prometheus is a lawless decision by a Court that has become too powerful, and it continues to wreak havoc on the patent system and innovators. The net effect of the decision has resulted in patent protection being easier to obtain for cutting edge software, biotech, genetic and medical innovations in Europe, Canada, Australia and even China.