Category Archives: Patent Eligible Subject Matter

Is the Patent Eligibility Act a Panacea for Claims to Diagnostics?

Posted on January 29, 2024 by Warren Woessner

On January 23, the Subcommittee on Intellectual Property held a hearing in which the members of the committee heard testimony about the Patent Eligibility Restoration Act (PERA) introduced by Senators Coons and Tillis. I have considered case law directed to … Continue reading →

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Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims?

Posted on June 26, 2023 by Warren Woessner

On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended … Continue reading →

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Chromadex v. Elysium Health – It’s Only Natural!

Posted on February 24, 2023 by Warren Woessner

On February 13, 2023, a Fed. Cir. panel of Judges Prost, Chen and Stoll (Prost writing) held, in Appeal no. 2022-1116, that the asserted claims 1-3 of U.S. Patent No. 8,197, 807 are directed to unpatentable subject matter, namely to … Continue reading →

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PTO Expands the Scope of the Immunotherapy Pilot Program

Posted on December 21, 2022 by Warren Woessner

The PTO’s Cancer Immunotherapy Pilot Project, begun in 2016, has been deemed a success. It permitted an applicant claiming a method to treat cancer using immunotherapy to file a petition to accelerate issuance of the first Examination Report. When the … Continue reading →

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