Category Archives: Patent Eligible Subject Matter

Split Federal Circuit Panel Holds That Method of Medical Treatment Claims are Patent Eligible

Posted on March 18, 2019 by Warren Woessner

In Natural Alternatives Int’l., Inc. v. Creative Compounds, LLC, Appeal No. 2018-1295 (Fed. Cir., March 15, 2019) a divided panel of the Fed. Cir. held that claims to methods of increasing the anaerobic working capacity in a human subject by … Continue reading →

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Mayo Wins in Another s. 101 Appeal – Discovery of a Useful Natural Correlation is not Patent Eligible

Posted on February 7, 2019 by Warren Woessner

By now, once you see the claim, I would not be surprised if any of my loyal readers could not predict how it would fare at the Fed. Circuit. However, this is a worthwhile decision to review, particularly since the … Continue reading →

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Knowles and Prosser Posit that the Expansion of s. 101 by the Supreme Court is Unconstitutional

Posted on January 17, 2019 by Warren Woessner

Sherry Knowles (Knowles Intellectual Strategies, LLC) and Anthony Prosser, one of Knowles’ agents have written an engrossing article (18 J. Marshall Rev; Intell. Prop. L. 144 (2018) arguing that the Supreme Court has meandered so far from the statutory language of … Continue reading →

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USTPO Releases Proposed Revised Section 101 Eligibility Guidelines

Posted on January 7, 2019 by Warren Woessner

On January 7th, the Patent Office released proposed revised s. 101 eligibility examination guidelines for public comment. The proposed Guidelines would supersede MPEP 2016.04(II), the section that controls the analysis conducted at step 2A of the Mayo/Alice test  “to the … Continue reading →

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