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Article
35 USC § 101: Further clarification of patent subject-matter eligibility.
35 USC § 101: Further clarification of patent subject-matter eligibility.
By
Sara HAINES
, US Patent Agent.
Two recently issued USPTO memorandums further clarify aspects of patent subject-matter eligibility under 35 USC § 101. The Vanda memo1 specifies methods of treatment that should be considered to be patent eligible under step 2A of the Alice/Mayo test2 thereby avoiding any further analysis under step 2B, while the Berkheimer memo3 states that examiners must provide substantiated evidence when additional claim elements are considered to represent well-understood, routine, conventional activity in support of 35 USC § 101 rejections under step 2B.
Published on: 30th Oct 2018
Patent
Patentability of Biological Material
Biomarkers
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