Lexology August 18, 2020
The United States Patent and Trademark Office (USPTO) published the latest revision to its Manual of Patent Examining Procedure (MPEP) on June 30, 2020. According to the Executive Summary, in this revision, nearly all of the 27 chapters have been updated to incorporate new case law and Patent Office procedures. Some of the most noteworthy updates for practitioners relate to examination of subject matter eligibility for life science inventions and could have a significant impact on the examination of personalized medicine claims.
Section 2106 of the MPEP provides the analytical framework for assessing subject matter eligibility under 35 U.S.C. § 101 as set forth by the Supreme Court in Alice v. CLS Bank and Mayo v. Prometheus.[1]
Step 1 asks...
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