Category Archives: Patent Reform Legislation

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates … Continue reading

Posted in Govt Policy/PTO Policy, Patent Reform Legislation, Section 101 | 4 Comments

USPTO Holds First Roundtable on “Subject Matter Eligibility Guidelines”

On November 14th, the PTO hosted a roundtable discussion in Alexandria on s. 101 issues in which both industry reps and practitioners were invited to dissect the current Office guidelines. The structure was unique as there were 33 invited speakers … Continue reading

Posted in Patent Reform Legislation, Patentable Subject Matter, Section 101, USPTO Practice and Policy | 1 Comment

PTO Proposes Revisions to the Duty of Disclosure (“Rule 56”)

After issuing a brief “notice” in 2011, shortly after the Fed. Cir. revised the duty of disclosure in the Therasense (76 FR at 43631), the PTO has now published a notice of proposed rulemaking to gather comments on its specific … Continue reading

Posted in Federal Court, Patent Reform Legislation, Prior Art | Leave a comment

D. Mass Court Extends Myriad to Peptide Panels

In a great leap backwards for patenting life sciences, Magistrate Judge Cabell invalidated claims in a number of patents licensed to Oxford Immunotec that are directed to e.g., “A kit for diagnosing infection in a human host by, or exposure … Continue reading

Posted in Claiming Diagnostics, Obviousness, Patent Reform Legislation, Patentable Subject Matter | Leave a comment