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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...
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