News & Analysis as of

AMP v Myriad Mayo v. Prometheus Section 101

Bradley Arant Boult Cummings LLP

Congress Proposes to Fix Patent Eligibility - Intellectual Property News

Since 2012 the Supreme Court has made three landmark decisions banning certain types of inventions from being patented. First, Mayo v. Prometheus banned patents on methods of medical diagnosis and analysis. Then Association...more

Kilpatrick

Patent Eligibility in the Life Sciences

Kilpatrick on

It’s been six years since the Supreme Court’s decision in Mayo v. Prometheus1 and five years since the Court’s decision in Association for Molecular Pathology v. Myriad Genetics2. How the standards for patent eligibility have...more

Miles & Stockbridge P.C.

Back to the Future of §101

David Kappos, the former director of the United States Patent & Trademark Office (2009-2013), thinks that “[i]t’s time to abolish §101.” Kappos made these comments at the Federal Circuit Judicial Conference in Washington, DC,...more

BakerHostetler

USPTO Releases Next Iteration of Examiner Guidance on Patent Subject Matter Eligibility

BakerHostetler on

On May 5, 2016, the USPTO released an update to its examiner guidance on patent subject matter eligibility. The update includes a new set of life science examples, a memorandum to the patent examining corps with instructions...more

BakerHostetler

Supreme Court Asked to Clarify Limits on Diagnostic Method Patents

BakerHostetler on

Arguing that the current state of the law weakens the patent system and poses a danger to life science innovators, biotechnology company, Sequenom, Inc., has filed a writ of certiorari with the U.S. Supreme Court, asking the...more

Troutman Pepper

More Biotech and Diagnostic Patents At Risk After Federal Circuit Decision

Troutman Pepper on

On December 17, 2014, the Federal Circuit Court of Appeals found that certain claims relating to Myriad’s BRCA1 genetic test for breast and ovarian cancer were invalid under 35 U.S.C. § 101 as being ineligible for patent...more

Eversheds Sutherland (US) LLP

New Patent Eligibility Guidance: USPTO Tones Down the Rhetoric

On December 15, 2014, the U.S. Patent and Trademark Office issued its long-awaited Interim Guidance on Patent Subject Matter Eligibility (published in the Federal Register on December 16). The Guidance supersedes the...more

Bennett Jones LLP

United States Patent and Trademark Office Interim Guidance on Subject Matter Eligibility

Bennett Jones LLP on

The United States Patent and Trademark Office has published its 2014 Interim Eligibility Guidance of Subject Matter Eligibility for use by USPTO personnel in determining subject matter eligibility under 35 U.S.C. 101 of the...more

Orrick, Herrington & Sutcliffe LLP

U.S. Patent Office Issues Updated Guidance on Patent Subject Matter Eligibility

Today, the U.S. Patent and Trademark Office published its 2014 Interim Guidance on Patent Subject Matter Eligibility ("2014 Interim Guidance"). This Guidance supplements the June 25, 2014, Preliminary Examination...more

Morrison & Foerster LLP

PTO Issues New Draft Guidance for Determining Patent-Eligible Subject Matter

Morrison & Foerster LLP on

The United States Patent and Trademark Office (PTO) issued interim guidance for use by its personnel when determining patent-eligible subject matter under 35 U.S.C. § 101 (“Section 101”). The new guidance will alter the way...more

Mintz - Trademark & Copyright Viewpoints

USPTO Issues Interim Guidance on Patent Eligibility Under §101: Framework for Considering Whether Patents Are Eligible for US...

The United States Patent and Trademark Office (USPTO) has issued revised guidance to its examiners relating to determination of patent eligibility under 35 U.S.C. §101. This “Interim Guidance” provides more specific advice...more

McDonnell Boehnen Hulbert & Berghoff LLP

Sherry Knowles Speaks Truth to the Power of the PTO on § 101 Guidelines

Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more

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