Tag Archives: Prometheus v. Mayo

Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?

The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading

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Top Ten Biotech IP Stories of 2012

I admit, I am a sucker for lists, esp. Top Ten Lists, and a few days ago, sat through a half hour of “local news” wherein the anchors breathlessly related the Top Ten Rhode Island News Stories of 2012. Well, … Continue reading

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“APPLICATION DENIED”- PROMETHEUS IN ACTION

A mathematical equation, even directed toward solving a particular problem, cannot be patented. Prometheus (“Mayo”) 132 S. Ct. at 1299. However, in Diehr, the S. Ct. stated, hopefully, that “[a]n application of a law of nature or a mathematical algorithm … Continue reading

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PTO Guidelines for Process Claims Involving Laws of Nature

On July 3rd, the PTO released 13 pages entitled “2012 Interim Procedure for Subject Matter Eligibility Analysis of Process Claims Involving Laws of Nature.” They are intended as guidance for Examiners who encounter such claims, e.g., in Group 1600, in … Continue reading

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