The article discusses how the erosion of patent eligibility under U.S. law, particularly for medical diagnostics, stifles true innovation. Innovators cite unpredictability in patent eligibility as a core concern, leading to diminished risk-taking and a consequent decline in groundbreaking developments across various sectors like biotech and AI. It also highlights a disconnect among political leaders, exemplified by Senator Durbin's statements regarding NIH funding, suggesting that concern for innovation and research is not as genuine as it should be based on legislative inaction.
If there are fewer medical diagnostics there will be fewer medical devices and treatments. Real innovation is a function of risk and reward in a mathematical sense.
The more risk, the greater the reward. But the converse is true-the less reward, the less one will be willing to risk.
Today, the number one complaint from innovators is the sheer unpredictability of what subject matter is considered patent-eligible under 35 U.S.C. 101.
Senator Durbin exclaimed during testimony, 'To think that this nation would walk away from medical research. For god sake, we lead the world in medical research.'
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