USPTO Memo Tells Examiners How To Apply Prometheus

Law360, New York (July 5, 2012, 8:08 PM EDT) -- The U.S. Patent and Trademark Office on Tuesday outlined the analysis that patent examiners must use when reviewing patent applications involving laws of nature, providing more guidance for the biotechnology industry on how to apply the U.S. Supreme Court's Prometheus ruling.

The 13-page memo provides detailed instructions on how examiners apply this analysis, including examples of claimed inventions that would not meet the test. According to the memo, the key question that examiners must consider is whether the claimed invention includes additional steps that ensure the...
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