Guidance for determining subject matter eligibility of claims involving laws of nature expected soon.

On March 4, 2014, the USPTO published a guidance memorandum titled Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products (Guidance).   The new guidelines express the Office’s approach to examining claims under 35 U.S.C. §101 in the wake of court decisions in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. ___ and Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S.___.

The felt and expected impact to the pharmaceutical industry was well expressed by Ms. Sherry Knowles and summarized in the article of the link below:

http://www.patentdocs.org/2014/10/sherry-knowles-addresses-real-world-impact-of-myriad-mayo-guidance-at-bio-symposium.html

On September 17, 2014 at the biotechnology/chemical/pharmaceutical (BCP) customer partnership meeting, Ms. June Cohan, legal Advisor with the USPTO’s Office of Patent Legal Administration, publicly stated that a revised guidance would be released.  For more details follow the link below.

http://www.patentdocs.org/2014/09/uspto-expected-to-issue-revised-myriad-mayo-guidance-in-october.html