Earlier this month, the United States Patent and Trademark Office (“PTO”) issued an update to its Interim Guidance on patent subject matter eligibility under 35 U.S.C. § 101.
Federal district courts are inclined to stay patent litigations when requested by patent challengers on the basis that the patent-in-suit is undergoing an AIA review proceeding at the USPTO; and those not so inclined, specifically in the Eastern District of Texas, have been corrected by the Federal Circuit.
Just weeks after its May 2016 memorandum to examiners providing guidance on subject matter eligibility under § 101, yesterday the USPTO issued a new memo updating its guidance to examiners in view of the Federal Circuit’s Enfish decision.
When I first wrote about the new natural products Subject Matter Eligibility Examples issued by the USPTO on May 4, 2016, I noted a puzzling difference between the treatment of a claim reciting a vaccine coated on a microneedle device versus a claim reciting a vaccine formulated in a cream carrier.
In view of the U.S. Supreme Court’s decisions in Alice, Myriad, and Mayo, the United States Patent and Trademark Office (USPTO) has issued a series of guidance documents on patent subject matter eligibility under 35 U.S.C. § 101.
The current U.S. Supreme Court has been noted for its hostility to patent holders in general, but the Supreme Court has been especially hostile to any sort of life sciences or software invention.
There are two registered trademarks on the USPTO principal registrar for RASPBERRY BERET – one for cookies, the other for fruit-flavored beverages.
The new USPTO patent eligibility examples include two examples for “natural products” based inventions which appear to be consistent with the examples provided in the December 2014 set of patent eligibility examples.
On May 5, 2016, the United States Patent and Trademark Office issued six new examples that provide guidance to Examiners and patent applicants prosecuting claims directed to life sciences subject matter (Subject Matter Eligibility Examples: Life Sciences).