Analysis

Fed. Circ. Ruling Shows Limits Of USPTO Eligibility Guidance

Law360 (April 3, 2019, 8:59 PM EDT) -- By emphasizing that it isn't bound by U.S. Patent and Trademark Office guidance on patent eligibility, the Federal Circuit has given a stark reminder that patent owners can't rely on the office's views about what can be patented, and patents the office issues may be at risk in court.

The appeals court on Monday invalidated two Cleveland Clinic patents on cardiovascular disease tests, finding they claim a patent-ineligible natural law. The court rejected the clinic's argument that the agency's eligibility guidance indicates its patents are valid, writing that "while we greatly respect the PTO's expertise on all matters relating to patentability,...

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