As a supplement to the “instructions” discussed in my last post, the PTO has now provided a compact slideshow to Examiners to assist them in evaluating claims for statutorily patentable machines, processes or compostions of matter. Ironically,the flowcharts are a nearly perfect example of an attempt to embody abstract thoughts in words. As in the instruction materials, chem and biotech processes or methods are not mentioned or exemplified, except via “naked” identifiers like natural phenomena and laws of nature. It will be interesting to see the spillover into chem/biotech by Examiners who want to appear to be cutting-edge in cutting back patent protection for medical subject matter.
Receive Email Updates
This blog, Patents4Life, does not contain legal advice and is for informational purposes only. Its publication does not create an attorney-client relationship nor is it a solicitation for business. This is the personal blog of Warren Woessner and does not reflect the views of Schwegman Lundberg & Woessner, or any of its attorneys or staff. To the best of his ability, the Author provides current and accurate information at the time of each post, however, readers should check for current information and accuracy.