A Case for Crying Over Spilled Milk: Dosage and Bioavailability in the Patent Subject Matter Eligibility of Dietary Supplements
Jacqueline Short Dietary supplement use among Americans has become increasingly prevalent following the COVID-19 pandemic. Manufacturers of dietary supplements depend on patents for success in a competitive market. In order to be patent eligible, supplements cannot be too similar to the natural substances from which they derive. The United States Patent and Trademark Office outlines the markedly different characteristics test, which courts use to determine whether supplements are unique enough to receive patents. Yet the patent cases of two supplements, ChromaDex and Natural Alternatives, reveals significant confusion around the role of dosage and bioavailability of supplements under the markedly different characteristics analysis. This...