Category Archives: Patent Eligible Subject Matter

Does the “Patent Eligibility Restoration Act of 2023” Revive Diagnostic Claims?

Posted on June 26, 2023 by Warren Woessner

On June 22, Senator Chris Coons, along with Thom Tillis introduced the “Patent Eligibility Restoration Act of 2023” (hereinafter “the Act”) to amend 35 USC s. 101 to clarify the scope of patent-eligible subject matter. Section 100 would be amended … Continue reading →

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Chromadex v. Elysium Health – It’s Only Natural!

Posted on February 24, 2023 by Warren Woessner

On February 13, 2023, a Fed. Cir. panel of Judges Prost, Chen and Stoll (Prost writing) held, in Appeal no. 2022-1116, that the asserted claims 1-3 of U.S. Patent No. 8,197, 807 are directed to unpatentable subject matter, namely to … Continue reading →

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PTO Expands the Scope of the Immunotherapy Pilot Program

Posted on December 21, 2022 by Warren Woessner

The PTO’s Cancer Immunotherapy Pilot Project, begun in 2016, has been deemed a success. It permitted an applicant claiming a method to treat cancer using immunotherapy to file a petition to accelerate issuance of the first Examination Report. When the … Continue reading →

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Tillis Bill Tries to Fix Section 101

Posted on August 8, 2022 by Warren Woessner

This recently introduced bill would replace section 101 with a lot of text. The commentators are all commentating, but I have yet to read whether or not the “outlaw” status of claims to diagnostic methods—led by varying interpretations of Mayo … Continue reading →

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