The US Supreme Court’s treatment of patentability in recent times has often been frustrating to life sciences innovators, with last month’s refusal to grasp the nettle of patent eligible subject matter in Cleveland Clinic Foundation v True Health Diagnostics being the latest setback. However, the highest court’s recent grant of certiorari in Helsinn Healthcare v Teva Pharmaceutical is a silver lining for inventors in the sector - creating the prospect of greater certainty on the rules surrounding prior art and novelty under Section 102, an issue which is of great importance that has been thrown into confusion by recent developments at the Federal Circuit.

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