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ARTICLE · 29 SEPTEMBER 2017

USPTO Update On Patent-Eligibility For Life Science Inventions

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On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO's current thinking on patent-eligibility.

United StatesIntellectual Property
Antoinette Konski
Antoinette Konski
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On August 2nd 2017, the USPTO hosted a Bicoastal Biotechnology/Chemical/Pharmaceutical Customer Partnership that focused on the USPTO's current thinking on patent-eligibility. The meeting followed the USPTO's June 25th, 2017 publication of its report "Patent Eligible Subject Matter: Report on Views and Recommendations from the Public" ("Report") which summarized the case law, international approaches to defining patent eligible subject matter and the public's view on patent-eligible subject matter.

Subject Matter Eligibility From the USPTO's Perspective

Dr. Daniel Kolker, Supervisory Patent Examiner, TC 1600, summarized trends in Section 101 examination, claiming strategies, and successful arguments to avoid or overcome a Section 101 rejection. From the USPTO's perspective, the PTO's December 2014 Interim Guidance is the controlling resource document for the pubic and PTO examiners.

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