How PTAB Applies Mayo To Method Involving Natural Principle

Law360, New York (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.[1] In 2014, in light of the Supreme Court’s decisions in Mayo and later in Ass’n for Molecular Pathology v. Myriad Genetics Inc.[2] and Alice Corp. v. CLS Bank Int’l.,[3] the PTO sought to aid patent examiners in applying the relevant law by issuing the 2014 "Interim Guidance on Patent Subject Matter Eligibility."[4] Later,...

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