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Patent-Eligible Subject Matter › Prometheus

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 -
Patterson Belknap Webb & Tyler LLP

Strong Support for Sequenom’s Petition for Rehearing En Banc

Patterson Belknap Webb & Tyler LLP on

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Ariosa Diagnostics V Sequenom and Isis Innovation -- A European View

McDonnell Boehnen Hulbert & Berghoff LLP on

The June 12, 2015 decision of the Federal Circuit in the above case has been discussed by Kevin Noonan in his posting of 22 June, but it is believed that the factual and legal background could benefit from further discussion....more

Foley & Lardner LLP

Airing the USPTO's Naturally Occurring Dirty Laundry — the Subject Matter Eligibility Stain

Foley & Lardner LLP on

It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products to aid examiners in applying the...more

Neal, Gerber & Eisenberg LLP

USPTO Issues Guidance on Patentability of “Nature”-Related Patent Claims

Neal, Gerber & Eisenberg LLP on

The U.S. Supreme Court has recently taken a keen interest in whether certain subject matter is eligible to be patented under U.S. law1. In June 2013, the Supreme Court held in Myriad2 that patents on naturally-occurring DNA...more

K&L Gates LLP

U.S. Patent Office Issues Extensive Subject Matter Eligibility Guidelines

K&L Gates LLP on

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

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