Analysis

USPTO Memo Cuts Mayo Woes On Treatment Method Patents

Law360 (June 14, 2018, 8:36 PM EDT) -- New guidance from the U.S. Patent and Trademark Office suggests that patents on methods of treating disease should usually be considered patent-eligible, freeing patent holders from having to grapple with the convoluted eligibility analysis patents must often face, attorneys say.

The patent office put out a memo to examiners last week explaining how they should apply an April ruling by the Federal Circuit that a patent covering Vanda Pharmaceuticals Inc.'s schizophrenia drug Fanapt is eligible for patenting under the U.S. Supreme Court's Mayo test.

The office said that when patents cover treatment methods that involve practical applications of natural relationships, like...

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