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Patent-Eligible Subject Matter › Plant Patents

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

Dunlap Bennett & Ludwig PLLC on

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

Levenfeld Pearlstein, LLC on

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

International Cannabis Bar Association... on

Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

Chambliss, Bahner & Stophel, P.C. on

You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2018: The State of Patentable Subject Matter Internationally

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

As evidenced recently in the United States, it may be difficult to tell what categories of inventions are eligible for patent protection in foreign jurisdictions. To further complicate issues, standards of eligible subject...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2018: How To Do The Two-Step In The United States: The Current State of...

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

In the wake of the Supreme Court’s Mayo and Alice decisions, uncertainty has surrounded what inventions are patent eligible in the United States. In Mayo and Alice, the Supreme Court developed a two-step test to determine...more

Farella Braun + Martel LLP

Patents in the burgeoning cannabis industry

Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

Jones Day

Clarifying or Conforming? The EPO Bows to the European Commission

Jones Day on

In December, we reported that the European Commission ("Commission") had issued an Interpretive Notice (2016/C 411/03) stating products produced by essentially biological processes should not be patentable. The notice came as...more

Foley & Lardner LLP

EPO Stays Proceedings Over Patentability Of Plants And Animals

Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post: Microorganisms, Funk Brothers, Chakrabarty and TRIPS

McDonnell Boehnen Hulbert & Berghoff LLP on

Both U.S. practitioners and their European colleagues will be concerned about a dictum in In re Roslin Institute (Edinburgh), 750 F.3d 1333, 1338-39 (Fed. Cir. 2014) that any existing [micro]organism found in the wild is not...more

Morrison & Foerster LLP

European Patent Office Finds Plants and Plant Products Patent-Eligible

Morrison & Foerster LLP on

On March 25, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) handed a victory to those seeking to protect plant inventions in Europe. The EBA found that the essentially biological processes exclusion of...more

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