Category Archives: Patent Eligible Subject Matter

USPTO Memorandum Seeks to Clarify “Inventive Concept” Requirement

Posted on April 20, 2018 by Warren Woessner

On April 19, 2018, the USPTO released a Memorandum from Robert Bahr, The Deputy Commissioner for Patent Examination Policy, to the Examiners,  that summarized the support required for a finding whether or not a claim directed to a judicial exception … Continue reading →

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Federal Circuit Circumvents Mayo/Alice Rule in Vanda v. West-Ward

Posted on April 17, 2018 by Warren Woessner

After Cleveland Clinic, IP practitioners were left to speculate about the fate of claims directed to methods of medical treatment. These claims seemed next in line for extinction by the Mayo/Alice rule, which I will paraphrase: “If a patent claim … Continue reading →

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USPTO Director Outlines Challenges to the Patent System at the U.S. Chamber of Commerce Patent Policy Conference

Posted on April 12, 2018 by Warren Woessner

The USPTO released a copy of the “Remarks” made by Director Andrei Iancu, that read like a major policy summary regarding challenges to the US patent system. Specific solutions were not suggested, but Iancu identified two areas that need review … Continue reading →

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In re Urvashi Bhagat – The Slippery Slope of Natural Product Claims

Posted on March 19, 2018 by Warren Woessner

I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility. I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating … Continue reading →

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