Patent protection for methods claims can be tricky. Particularly for medical devices, diagnostics and even drugs, methods claims can present dilemmas for enforcement. It can boil down to the key question of "who" – who performs each of the required steps?
Reproduced with permission from Life Sciences Law & Industry Report, 10 LSLR 18, 09/16/2016. Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com