Morris Manning & Martin, LLP

Medical Method Held Not Patentable


A recent decision from the Court of Appeals for the Federal Circuit (CAFC) has raised serious questions about how to patent processes or methods for diagnosing or treating diseases. The case is Classen Immunotherapies, Inc. v. Biogen IDEC et al., Case No. 2006-1634, -1649 (Fed. Cir. Dec. 19, 2008) (nonprecedential). The patent involved in the case was U.S. Patent No. 5,723,283 (“the ‘283 Patent”) entitled “Method and Composition for an Early Vaccine to Protect Against Both Common Infectious Diseases and Chronic Immune Mediated Disorders or Their Sequelae,” owned by Classen Immunotherapies, Inc., a company based in Maryland.

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