How PTAB Applies Mayo To Method Involving Natural Principle
By Robert Barrett, Aaron Morrow, Margaux Nair and Jacob Vannette, K&L Gates LLP (February 6, 2017, 1:22 PM EST) -- Robert M. Barrett
Aaron J. Morrow
Margaux L. Nair
Jacob C. Vannette Since early 2012, courts and the U.S. Patent and Trademark Office have been applying a strict test for subject matter eligibility set forth by the U.S. Supreme Court in Mayo Collaborative Servs. v. Prometheus Labs. Inc. In 2014, in light of the Supreme Court's decisions in Mayo and later in Ass'n for Molecular Pathology v. Myriad Genetics Inc. and Alice Corp. v. CLS Bank Int'l., the PTO sought to aid patent examiners in applying the relevant law by issuing the 2014 "Interim Guidance on Patent Subject Matter Eligibility." Later,...
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