June 2013

U.S. Supreme Court News:
On June 13, 2013, the U.S. Supreme Court delivered its much-anticipated decision in the case of the Association of Molecular Pathology v. Myriad Genetics, concerning the patent eligibility of claims to “isolated” genomic DNA sequences and cDNA sequences.  The Court found Myriad’s claims to isolated genomic DNA sequences to be ineligible for patenting but claims to cDNA sequences to be patent-eligible.  A copy of the opinion may be downloaded here.

Biomarker and Personalized Medicine Patent Claims One Year After Mayo v. Prometheus
It is now just over a year since the U.S. Supreme Court delivered its opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 132 S. Ct. 1289 (2012), and nearly a year since the U.S. Patent and Trademark Office (USPTO) issued its guidelines based on that decision:  the 2012 Interim Procedure for Subject Matter Eligibility Analysis of Process Claims Involving Laws of Nature, of July 3, 2012.   More

USPTO Publishes Proposed Rules to Implement the Patent Law Treaty of 2000
In April 2013, the U.S. Patent and Trademark Office (USPTO) proposed changes to the rules of practice for consistency with the changes in the Patent Law Treaty (PLT) and title II of the Patent Law Treaties Implementation Act of 2012.  The goal of the PLT is to harmonize and streamline formal procedures pertaining to the filing and processing of patent applications.   More

Rule Review
Preissuance Submissions Under the America Invents Act
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EPO Practice
European “Reissue” - Limitation and Revocation Procedures at the EPO
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At the Federal Circuit
Patent Eligibility of Business Methods After CLS Bank
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AIA Blog
PTAB Issues First Final Written Decision in CBM Proceeding
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If you have any questions or need additional information, please contact:

Eric P. Raciti, Editor-in-Chief
Rebecca Harker Duttry, Associate Editor
Elizabeth A. Doherty, Ph.D., Associate Editor