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United States Patent and Trademark Office issues guidance in the wake of Myriad and Prometheus decisions

SUMMARY. On March 4th, the United States Patent and Trademark Office issued formal guidelines for the determination of patent-eligible subject matter in the wake of two recent U.S. Supreme Court cases: Association for Molecular Pathology v. Myriad Genetics, Inc., ("Myriad") 569 U.S. _, 133 S. Ct. 2107, 2116, 106 USPQ2d 1972 (2013), and Mayo Collaborative Services v. Prometheus Laboratories, Inc., ("Prometheus") 566 U.S._, 132 S. Ct. 1289, 101 USPQ2d 1961 (2012). The guidelines make clear that claims covering all types of subject matter, not just DNA, will now be examined to determine if they are effectively drawn to something that is naturally occurring, like the claims the Supreme Court found to be patent-ineligible in Myriad.

David Walker
Of Counsel

Matt Jonsen
Associate |

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