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Mayo v. Prometheus

Section 101 of the Patent Act defines patentable subject matter. The statute says the following:   “Whoever invents or discovers any new and useful process, machine, manufacture, or composition or…

Interpretation of Prometheus – Smartgene

The United States District Court for the District of Colombia has recently issued an opinion in Smartgene, Inc., v. Advanced Biological Laboratories (Civil Action No. 08-00642 (BAH) which applies the…

Inherency

each and every element of the claim (i.e., anticipation) is pretty straight forward, rejections based on inherency are more tricky. Inherency refers to a determination of your patent examiner that…

Secondary considerations – obviousnessness

Once your patent examiner has made out a prima facie case of obviousness in your case, the burden shift to you to show nonobviousness by presenting evidence of secondary considerations. Such “secondary…

Myriad Genetics

In Myriad Genetics, Inc., (decided June 13, 2013), the Supreme Court held that genes and the information that they encode are not patent subject matter under section 101, even when…