United States Patent and Trademark Office Patent-Eligible Subject Matter

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
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U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

The United States Patent Office periodically issues guidance for examiners (“Examiners”), often in response to a recent court decision or new statute. These guidelines do not have the force of law, but nevertheless establish...more

USPTO Releases Examination Guidelines for Determining Patent Eligibility Under 35 U.S.C. § 101

On March 4, 2014, the U.S. Patent and Trademark Office (USPTO) released examination guidelines titled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, &...more

Intelletual Property Newsletter - March 2014

In This Issue: - USPTO Issues New Guidelines for Determining Subject Matter Eligibility of Claims - Eastern District of Texas Unveils New Patent Case Track - Opening Briefs Submitted to U.S. Supreme Court in...more

USPTO Issues New Guidelines for Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural...

On March 4, 2014, the United States Patent and Trademark Office (USPTO) issued final guidance to the Examining Corps regarding patent eligibility of claims involving laws of nature, natural phenomena and natural products. The...more

USPTO Issues New Procedure for Assessing Subject Matter Eligibility of Patent Claims

The U.S. Patent and Trademark Office (USPTO) recently released a guidance memorandum to its examiners on a new procedure for assessing whether a patent claim contains subject matter eligible for patenting. The guidance was...more

Thoughts on the USPTO's Patent Eligibility Guidelines (and What to Do About Them)

The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more

USPTO Issues New Subject Matter Eligibility Examination Guidelines for Claims Involving Laws of Nature, Natural Principles,...

On March 4, 2014, the USPTO issued a Guidance memorandum for examination of subject matter eligibility under 35 U.S.C. § 101 in view of AMP v. Myriad (2013) and Mayo v. Prometheus (2012). Under the new guidelines, the...more

Five Things You Should Know About the USPTO Patent Subject Matter Eligibility Guidelines

The new USPTO patent subject matter eligibility guidelines set forth a detailed analytical framework for evaluating whether claims satisfy the patent subject matter eligibility requirement of 35 USC § 101. If you are an...more

Comments on 3/4/2014 USPTO “Guidance for Determining Subject Matter Eligibility…”

On March 4, 2014, the United States Patent and Trademark Office issued a memorandum and quick reference sheet on the “2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of...more

Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products” as...more

United States Patent and Trademark Office issues guidance in the wake of Myriad and Prometheus decisions

On March 4th, the United States Patent and Trademark Office issued formal guidelines for the determination of patent-eligible subject matter in the wake of two recent U.S. Supreme Court cases: Association for Molecular...more

The USPTO Announces New Guidelines for Determining Subject Matter Eligibility Under 35 U.S.C. §101 in View of Myriad, Prometheus...

March 10, 2014 – On March 4, 2014, the United States Patent & Trademark Office issued guidelines for the examination of “all claims (i.e., machine, composition, manufacture and process claims) reciting or involving laws of...more

USPTO Guidance for Examiners Takes Expansive View of Myriad and Prometheus Decisions

On March 4, 2014, the U.S. Patent and Trademark Office (“USPTO”) issued a memorandum to the Patent Examining Corps with guidance for determining the patent eligibility of claims relating to products of nature and laws of...more

USPTO Issues New Guidelines on Subject Matter Eligibility Under 35 USC 101 in View of Myriad and Prometheus

The USPTO issued new guidelines for determining if claims are eligible for patenting in light of the Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S., 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and...more

USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural...more

USPTO Issues Guidance for Analyzing Subject Matter Eligibility of Claims Reciting Laws of Nature/Natural Principles, Natural...

Earlier today, in a memorandum issued to the Patent Examining Corps by Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld, the U.S. Patent and Trademark Office implemented a new procedure for determining the...more

Top Stories of 2013: #4 to #6

Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year...more

Abstract Idea or Real World Software Solution?

On Dec. 6, the U.S. Supreme Court granted certiorari in CLS Bank Intl. v. Alice Corp. Pty. Ltd., 717 F.3d 1269 (Fed. Cir. 2013), to address the patent eligibility of computer implemented inventions. For some, the issue is...more

Software Patents Set for Supreme Court Consideration

The Supreme Court is set to weigh in on the muddled law of software patent eligibility. On Friday, December 6, the Supreme Court granted a petition for certiorari in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. CLS is an...more

Federal Circuit Holds Full Sequence Not Required for Invention of DNA

In Sanofi-Aventis v. Pfizer, Inc., the Federal Circuit affirmed the USPTO’s determination that Pfizer had proven an earlier date of invention of the DNA sequence at issue, even though it did not have the full, correct...more

Federal Circuit Review - October 2013

Late Payment of Patent Maintenance Fees Not Inequitable Conduct - In Network Signatures Inc, v. State Farm Mutual Automobile Insurance Co., Appeal No. 12-1492, The Federal Circuit reversed summary judgment of...more

Burden of Section 101 following Myriad

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

In re Beineke: Cultivating the Legal Boundary Between the Exploring and Patenting of Plant Life

Plant breeders and plant explorers once captivated the imagination as our true American heroes in the late 19th and early 20th century. Luther Burbank, our country’s most famous plant breeder, became known as the...more

PTO Reexamination Decision is Binding in Concurrent Infringement Litigation

Many patents are involved in parallel proceedings — post-grant proceedings before the United States Patent and Trademark Office (“PTO”) and infringement litigation in the courts. What happens when the courts and the PTO do...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 11, Issue 3 (Summer 2013)

In This Issue: Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage...more

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