Tag Archives: USPTO

Federal Circuit’s Decision in University of Florida Research Foundation v. General Electric Raises Questions with Subject Matter Eligibility Guidance

Subject matter eligibility jurisprudence under 35 U.S.C. § 101 has been in flux in recent years, following the Supreme Court’s decisions in Mayo v. Prometheus and Alice Corp. v. CLS Bank. On February 26, 2019, the Federal Circuit in University of Florida Research Foundation v. General Electric (available at: http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-1284.Opinion.2-26-2019.pdf ) held that the challenged claim(s) directed to … Continue reading this entry

Federal Circuit, USPTO Clarify Subject Matter Eligibility for Methods of Treatment

On June 7, 2018, the USPTO issued new guidance in the form of a memorandum regarding the patentability of methods of treatment. This memorandum, issued in response to the Federal Circuit’s holding in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Circ. 2018), emphasizes that patent claims directed towards methods of treatment may … Continue reading this entry