Author Archive

Recent case law further clarifying patent subject matter eligibility under § 101 provides useful guidance for addressing claim rejections and, ultimately, securing robust patent claims in the life sciences.  As the currently-published § 101 guidelines used by the USPTO do not utilize these recent clarifications, an understanding of the recent clarifications can be helpful to patent applicants.  The following provides a backdrop to the evolution of the law under § 101 and its application in the life sciences area, and ...

Reading and understanding the claims in a patent application is important as the claims define the limits of what the patent covers, and what it does not cover.  Not only do the claims determine if another product or process infringes the patent, they are also used to differentiate over prior art in order to obtain the patent in the first place.

Interpreting claims is not an easy task due to the legalistic manner in which they are written.  To reduce costs ...