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Patent-Eligible Subject Matter › United States Patent and Trademark Office › Genetic Materials

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 -
Knobbe Martens

Updates to the Law on Cloning

Knobbe Martens on

It was recently reported that China had successfully cloned a 12-year old schnauzer — the most recent of over 20 dog breeds successfully cloned by the nation so far. "Doudou" the schnauzer was cloned through somatic cell...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: High Court Rules Myriad's BRCA Genes Not Patentable Subject Matter in Australia

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Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has...more

Foley & Lardner LLP

Australia High Court Rules Against Gene Patents

Foley & Lardner LLP on

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

Foley & Lardner LLP

Patenting Stem Cells in View of the USPTO’s New Interim Guidance

Foley & Lardner LLP on

Late last year, the USPTO issued its modified and revised 2014 Interim Guidance on Patent Subject Matter Eligibility (Interim Guidance) to assist patent examiners and the public in determining if a claim presented for...more

Foley & Lardner LLP

Can Any DNA Claims Still Be Patented?

Foley & Lardner LLP on

In a decision issued December 17, 2014, in In Re BRCA1- And BRCA2-Based Hereditary Cancer Test Patent Litigation (Myriad II), the Federal Circuit invalidated Myriad’s primer claims and detection method claims under 35 USC §...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Three Stories of 2014

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After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list oftop patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

Foley & Lardner LLP

An Early Test for the USPTO’S Eligibility Analysis

Foley & Lardner LLP on

Just last week, the USPTO released its revised subject matter eligibility guidance (2014 Interim Guidance on Patent Subject Matter Eligibility “Interim Guidance” reviewed in my prior post of December 16th, 2014). The Interim...more

K&L Gates LLP

Patent Office Issues New Examination Guidelines for Subject Matter Eligibility

K&L Gates LLP on

On December 16, 2014, the United States Patent and Trademark Office (PTO) published new guidelines for determining patent eligibility under 35 U.S.C. § 101. These guidelines do not have the force of law, but nevertheless...more

Ballard Spahr LLP

Impact of USPTO Interim Guidance on Chemical, Pharmaceutical, and Biotech Inventions

Ballard Spahr LLP on

The recent interim guidance issued by U.S. Patent and Trademark Office (USPTO) provides applicants and practitioners with more helpful information about which types of claims the USPTO will find to satisfy subject matter...more

McDonnell Boehnen Hulbert & Berghoff LLP

Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine -- Part II

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On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

McDonnell Boehnen Hulbert & Berghoff LLP

BIO IPCC Panel Discusses Impact of Myriad-Mayo Guidance

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Yesterday, we reported on a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsel's Committee fall conference, which took place earlier this week in Nashville, TN, in which the U.S. Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Provides Update on Status of Revised Myriad-Mayo Guidance

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During a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsels Committee (IPCC) fall conference, which took place this week in Nashville, TN, the U.S. Patent and Trademark Office provided a...more

Foley & Lardner LLP

A Peek at the 60 Minutes GenePeeks Patents

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On October 26, 2014, 60 Minutes aired a story called “Breeding Out Disease” that included a segment about GenePeeks, a company that uses genetic information from prospective parents to make thousands of “digital babies” and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Examination of Myriad-Mayo Guidance Comments -- BIO Joint Comment

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On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more

McDermott Will & Emery

Dolly Was a "Natural Phenomenon"

McDermott Will & Emery on

In re Roslin Institute (Edinburgh) - Addressing patent eligible subject matter under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the U.S. Patent and Trademark Office...more

McDonnell Boehnen Hulbert & Berghoff LLP

Docs @ BIO: USPTO Provides Update on Myriad-Mayo Guidance

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At last week's BIO International Convention in San Diego, Andrew Hirshfeld, USPTO Deputy Commissioner for Patent Examination Policy, and June Cohan, a Legal Advisor with the USPTO's Office of Patent Legal Administration, took...more

Troutman Pepper

Myriad - One Year Later

Troutman Pepper on

The Supreme Court decision last year on June 13, 2013 in Association of Molecular Pathology v. Myriad Genetics may have been a watershed moment for the biotechnology industry. So far the effects have been hard to detect, but...more

McDonnell Boehnen Hulbert & Berghoff LLP

Guest Post: Myriad -- An Obvious and Patent-Friendly Interpretation

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MyriadIs Myriad truly authority for the proposition that naturally occurring nucleic acid sequences and a host of other naturally occurring materials are no longer patent-eligible? Was it really the intention of the Supreme...more

Dorsey & Whitney LLP

“Natural” Clones Are Ineligible for Patent Protection

Dorsey & Whitney LLP on

Last week, in In re Roslin Institute (Edinburgh), the Federal Circuit affirmed the rejection by the United States Patent and Trademark Office (USPTO) of product claims covering cloned mammals. This case relates to Dolly,...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Roslin Institute (Fed. Cir. 2014) - Dolly the Sheep Not Patent Eligible Subject Matter

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Earlier today, the Federal Circuit affirmed a determination by the Patent Trial and Appeal Board affirming the rejection of claims 155-159 and 164 of U.S. Application No. 09/225,233 as being directed to unpatentable subject...more

Fenwick & West LLP

Burden of Section 101 following Myriad

Fenwick & West LLP on

The Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics Inc., 2013 DJDAR 7484 (2013), held that Myriad’s claims directed to “a naturally occurring DNA segment is a product of nature and not...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ambry Responds to Myriad Lawsuit

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Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

Bradley Arant Boult Cummings LLP

The Real Impact for Healthcare and Biotechnology of the Supreme Court's Decision in Myriad Genetics

Bradley Arant Boult Cummings LLP on

On June 13, 2013, the Supreme Court issued a decision supposedly resolving the patentability of DNA in Association for Molecular Pathology v. Myriad Genetics. Immediately, all parties on both sides of the case declared...more

Polsinelli

The Future Of Patentable DNA: A Myriad Of Possibilities

Polsinelli on

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins ...more

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