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ARTICLE · 11 MAY 2016

USPTO Releases Patent Eligibility Update

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On May 4, 2016, the USPTO released a "May 2016 Subject Matter Eligibility Update" ("Update") providing guidance to patent examiners on formulating a subject matter eligibility rejection...

United StatesIntellectual Property
Antoinette Konski
Antoinette Konski
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On May 4, 2016, the USPTO released a "May 2016 Subject Matter Eligibility Update" ("Update") providing guidance to patent examiners on formulating a subject matter eligibility rejection and evaluating an applicant's response to that rejection. The USPTO concurrently released new life science examples to assist examiners and applicants evaluate whether claimed discoveries satisfy 35 U.S.C. § 101 in view of recent decisions by the U.S. Supreme Court and the Federal Circuit. Of importance to those seeking to patent diagnostic methods key to personalized medicine, the recent update provides guidance on whether diagnostic and treating claim present patent eligible subject matter.

Diagnosing and Treating Julitis

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