Patent Eligibility

You Can't Get Anything You Want at Alice's Restaurant

This blawg is called Alice's Restaurant, and it's about Alice, and CLS Bank, but Alice's Restaurant is not the name of the case, that's just the name of the blawg, and that's why I called the blawg Alice's Restaurant. Read More...

A Myriad of Questions for Biofuel Patents

So you’ve heard about or read the AMP v. Myriad Genetics case. You know that the Supreme Court was asked whether “human genes are patent eligible.” You’re wondering whether it will affect the biofuel patent estates that are near and dear to your heart (or perhaps not so dear). My answer to your question is a most definite “maybe.”

Alice Pushes Back on Prometheus: The Continuing Saga of Patent-Eligible Methods

At the intersection of computer technology and biology, Bilski, Prometheus, and their progeny are restricting what can be claimed in U.S. Patents. The Federal Circuit, however, has pushed back against this tide of patent-ineligibility with CLS Bank Int’l v. Alice Corp. Some may welcome this decision while others may struggle to harmonize seemingly conflicting case law. Read More...

Prometheus and Myriad: What can you Patent?

The Prometheus and Myriad cases are changing the landscape for biotechnology patents. Patent-eligible subject matter is in flux. Can you still claim a method for diagnosing a disease, identifying a drug candidate, or tailoring a therapeutic regimen to the needs of individual patients? What is the status of isolated DNA and protein claims? Read on for a discussion patent-eligible subject matter in the life sciences. Read More...