May 2016 Life Science Examples: Diagnostic claims: Example 29
The seven claims presented in example 29 are as below. According to the example, all but claim 2 are considered to be patent eligible. A couple things via way of…
May 2016 Life Science Example 31: Screening for an alteration of a BRCA1 gene
Example 31 from the May 2016 USPTO Examples have 5 claims which are as follows: 1. A method for screening germline of a human subject for an alteration of a…
Subject Matter Eligibility Examples: Life Sciences –USPTO May 2016
The USPTO has put out some helpful examples for the life sciences which can be found at http://www.uspto.gov/sites/default/files/documents/ieg-may-2016-ex.pdf The examples should be used in conjunction with the 2014 Interim Guidance on…
Disctrict Court in Endo Pharmaceuticals v. Actavis casts doubt on Precedential Value of Classen case
The Disctrict Court for the District of Delaware in Endo Pharmaceuticals Inc. v. Actavis Ind (D. Del. 2015) casts doubt as to whether the 2011 Federal Circuit case of Classen…
Ariosa Diagnostics — Petition for rehearing en banc denied –Set up for the Supreme Court?
The US Court of Appeals for teh Federal Circuit on Dcember 2, 2015 denied the petition for rehearing en banc for Ariosa Diagnostics. The conurring opinions and dissenting opinions are,…
Some Take Home Points from High Court of Australia -Myriad Genetics
The High Court of Austrialia (October 7, 2015 order) has recently come down with a decision in the Myriad Genetics case which while having no precedent value for US court…
July 2015 Update – Interim Eligibility Guidance
The USPTO has issued a set of case examples under the categories (1) fundamental economic practices (2) an idea of itself (3) certain method of organizing human activity and (4)…
Ariosa Diagnostics – Diagnostic Method Claims
This case involves the discovery of cell-free fetal DNA (cffDNA) in maternal plasma and serum, a protion of maternal blood that before had been discarded as medical waste. Based on…
2014 Interim Guidance on Patent Subject Matter Eligibility
Natural Product analysis under the guidelines: A claim is considered to recite a nature based product limitation if that limitation does not exhibit markedly different characteristics from its naturally occurring…
Written Description Requirement for Antibody Claims – The inherent Danger of Functional Claiming
In Abbvie v. Centocor, (Fed. Cir, 2014), Abbvie's representative claim was directed to a neutralizing isolated human antibody, or antigen-binding portion thereof, that binds to human IL-12 and disassociates from…