Tag Archives: Section 101

Bipartisan “Draft Bill” to Amend ss. 100, 101 and 112 Released for Comment

Posted on May 24, 2019 by Warren Woessner

On Wednesday, Senators Tillis and Coons, along with Reps. Collins, Johnson and Stivers released a draft, bipartisan bill to amend ss.100 and 101 to void the “judicial exceptions” to patent eligibility. Section 112(f) was also amended to tighten up the … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Bergy II, Chakrabarty, Section 101, Section 101 Reform, Section 112(f), Senator Coons, Senator Tillis | Leave a comment

USTPO Releases Proposed Revised Section 101 Eligibility Guidelines

Posted on January 7, 2019 by Warren Woessner

On January 7th, the Patent Office released proposed revised s. 101 eligibility examination guidelines for public comment. The proposed Guidelines would supersede MPEP 2016.04(II), the section that controls the analysis conducted at step 2A of the Mayo/Alice test “to the … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged Director Iancu, Federal Circuit, Judge Bryson, judge dyk, Mallinckrodt, Mayo/Alice, MPEP, Myriad, Praxair Distribution, Section 101, USPTO | Leave a comment

Roche Molecular Systems, Inc. v. Cepheid – Are Primers “Natural Products”?

Posted on October 9, 2018 by Warren Woessner

Anyone familiar with the fate of claims to primers used in PCR, to amplify a stretch of target DNA in order to determine whether or not a significant mutation is present, could write the opinion in this appeal (No. 2017-1690 … Continue reading →

Posted in Patent Eligible Subject Matter | Tagged biotechnology patent law, BRCA DNA, Federal Circuit, Judge O'Malley, M. tuberculosis, MTB, Myriad, nucleotides, PCR, Section 101, Warren Woessner | 1 Comment

Ex Parte Schwartz – A Pyrrhic Reversal of a 101 Rejection

Posted on August 20, 2018 by Warren Woessner

The PTAB decision reversing the Examiner’s s. 101 rejection in Ex Parte Schwartz, Appeal 2017-004975 (August 2, 2018) both demonstrates the need for more Examiner training on the ever-changing definition/identification of an abstract idea, particularly in the context of inventions … Continue reading →