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ARTICLE · 27 JULY 2020

Weight Loss Patent Application Does Not Survive Section 101 Scrutiny

The applicant also argued that the claims are akin to patent-eligible claims that teach a treatment of a disease.

United StatesIntellectual Property

Earlier this month, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's (PTAB) rejection of a patent application that described a method for weight loss that "removes hunger from weight loss." The representative patent claim recites:

A process wherein, on day one, you--which stands for a user of the process--cut your food intake during all three regular meals, breakfast, lunch, and dinner, by 1/3 and keep it that way for 3 months, and follow the how-to-eat rules:

(1) no food unless you are hungry, or it is your regular mealtime, breakfast, lunch, or dinner,

(2) if you are hungry and it is not your regular mealtime, you drink a glass of water, first, and wait 10-15 minutes; if you are still hungry, then you eat a snack, and

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