The USPTO has issued new patent eligibility examples, including several examples relating to diagnostic methods and “nature-based” products. Surprisingly, most of the claims are said to satisfy 35 USC § 101. The USPTO also published a Memorandum to the Examining Corps that provides guidance on how examiners should formulate subject matter eligibility rejections and evaluate applicant responses. Both documents have me wondering if the USPTO may be attempting to swing the patent eligibility pendulum back towards the center, but until the Federal Circuit–or the Supreme Court–provides more coherent guidance, § 101 will continue to impact the scope of diagnostic and “nature-based” product patents.
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USPTO Issues New Patent Eligibility Examples
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