Top Ten IP Stories from 2013
I admit it, I like lists, even completely subjective ones like this one, that is tilted toward patent law and prep/pros. So in no particular order, except for number one, here we go: Myriad [Add your...
View ArticleCLS v. Alice Bank And The Cult Of The “Abstract Idea”
Ex-Judge Michel’s compelling amicus brief – more on that in a future post—prompted me to take a quick look back at the evolution “abstract idea” as a patent-ineligible category of invention. This...
View ArticlePTO Releases Guidelines On Patenting “Natural Phenomena And Natural Products”
On March 4, 2014, Andrew Hirschfield, the Deputy Commissioner For Patent Examination Policy, released a “Memorandum” entitled “Guidance for Subject Matter Eligibility Analysis Of Claims Reciting Or...
View ArticleUSPTO Patent Eligibility Guidelines – A Step Too Far For Natural Products?
Guest Post from Paul Cole, Lucas & Co., UK New Prometheus/Myriad guidance appeared on the USPTO website on 4March under the weighty title 2014 Procedure For Subject Matter Eligibility Analysis Of...
View ArticleUSPTO Guidelines Blur “Natural” And “Novel” Products
I seldom comment on fellow bloggers’ posts, but Kevin Noonan’s recent article in PatentDocs deserves some attention. He basically has taken the recent PTO Guidelines to their “logical” extreme. The...
View ArticleUSPTO s.101 Guidelines – How to “Eviscerate Patent Law”
On March 19th, the USPTO released 93 slides as training materials to help Examiners navigate the lengthy ”Guidelines for Subject Matter Eligibility Analysis of Claims Reciting or Involving Laws of...
View ArticleOral Arguments – Can Alice Get Out Of “Wonderland”?
And by “Wonderland” I am referring to the maze of hypotheticals and questions that were thrown at Carter G. Phillips by the Justices during his opening argument for Alice Corp. (A copy of the...
View ArticleCert. Granted In Teva V. Sandoz (“April Fool” Lightning Ballast!)
On Monday, the Supreme Court granted cert. in the somewhat overlooked panel decision, Teva Pharm., Inc. v. Sandoz, Inc., 727 F.3d 1363 (Fed. Cir. 2013)(Sup. Ct. 13-854) (a copy can be found at the end...
View ArticleAdvocates in Alice v. CLS Bank Debate “In the Cloud” in FCBA Webinar
Last Thursday, I managed to miss the webinar sponsored by the Federal Circuit Bar Association on Alice v. CLS Bank, post-oral argument. However, I just finished listening to the audio transcript. It is...
View ArticleUSPTO Forum to Discuss the Guidance on Subject Matter Eligibility of Claims...
On May 9th the Patent Office is hosting a forum to receive public feedback from organizations and individuals on the “Guidance”(link below). As followers of Patents4Life are well aware, I have not been...
View ArticleIsolated DNA and the “Hand of Man”
Editors Notes: Apart from a fine survey of the case law on patent-eligibility of not-so natural products, Paul Cole suggests that, in view of the incomplete and/or indirect description of the BRACA...
View ArticleIn re Bergstrom – A Lost Precedent That Should Be “Found”
Since I do a lot of commentary, I read a lot of commentary, and have been struck by how the PTO s. 101 Guidelines on “Laws of Nature” have been criticized as if they are free from the constraints of...
View ArticleSection 101 Fells Dolly: What Organism Is Next?
On Thursday, a panel of the Fed. Cir. affirmed a board decision refusing a patent claim to an animal prepared by adult cell cloning (a copy is available at the end of this post). Specifically, the...
View ArticleDolly Led to Slaughter – Part II
As I read and re-read In re Roslin, App. No. 2013-1407 (Fed. Cir., May 8, 2014), before going across the street to “testify” at the PTO 101 Forum, I was struck by how the logical pathway chosen by the...
View ArticlePTO s. 101 Forum – Thumbs Down on Practitioners
The USPTO held a four hour public forum on the new, disruptive s. 101 examination guidelines on Friday afternoon. The forum featured ten speakers from the patent bar, including Hans Sauer of BIO,...
View ArticleNatural Products Eligibility Guidance – Post-Forum Comments
Guest Post from Paul Cole, Lucas & Co., UK Readers of this and other blogs will have been aware of comments of mine in relation to the USPTO natural product eligibility guidance. Available here is...
View ArticleCLS v Alice – Abstract Idea, Wherefore Art Thou?
Guest post from Brad Forrest, Shareholder at Schwegman Lundberg & Woessner, P.A. Passing on the opportunity to provide a usable test to determine what is an “abstract idea,” the Supreme court...
View ArticleUSPTO issues post- Alice examination guidelines
A copy of the guidelines can be found here: alice_pec_25jun2014 I will comment on this later. The post USPTO issues post- Alice examination guidelines appeared first on Biotechnology Patent Law Blog |...
View ArticleMore Questions Than Answers from the PTO
At the recent BIO International Convention, Deputy Commissioner Andrew Hirschfeld (who chaired the May PTO s.101 Forum) presented seven “Sample Claims” related to biotech/pharma inventions and invited...
View ArticleMyriad Guidance Comments
The USPTO is now publishing comments http://www.uspto.gov/patents/law/comments/myriad-mayo_guidance_comments.jsp The post Myriad Guidance Comments appeared first on Biotechnology Patent Law Blog |...
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