Statement of the P.T.O.S. to the U.S.P.T.O. on Interim Guidelines for Examination of Patent Applications under the 35 U.S.C. 112, first paragraph "written description" requirement

Article Abstract:

The Patent & Trademark Office Society (PTOS) commented on the US Patent & Trademark Office's Interim Guidelines for Examination of Patent Applications under 35 U.S.C. 112, first paragraph 'written description' requirement. If these guidelines are adopted, patent examiners will use them to evaluate biotechnological patent applications for compliance with University of California v. Eli Lilly. PTOS concludes that the guidelines should apply only to the unpredictable arts, particularly to areas of biotechnology.

United States, Biotechnology

---

Computers and non-patentable matter: rejections under Article I of the Constitution

Article Abstract:

Computer programs and mathematical algorithms are generally not patentable. Claims for patents can be dismissed as violating Article 1 of the Constitution even if they satisfy 35 USC 101. The Supreme Court provides guidelines for patentability as physical structures or phenomena limited to physical structures. These guidelines emerged from decisions in Gottschalk v Benson, Parker v Flook and Diamond v Diehr.

Software, Algorithms

---

Similar abstracts:

• Abstracts: New PTO guidelines to affect biotech inventions; they address requirements for utility and written description, stress patentability of DNA
• Abstracts: Market definition under price discrimination. Merger review under the Competition Act: reflections on the first decade
• Abstracts: Where in the world is ...? Examination of trademarks containing geographical indicators under NAFTA. The multilateral agreements that protect trademarks and marks tha tindicate origins of source
• Abstracts: Some comments on contributory and induced patent infringement; implications for software developers. Judicial review of PTO patentability": determinations under the substantial evidence standard of review
• Abstracts: Antitrust and innovative industries. Challenges of the new economy: issues at the intersection of antitrust and intellectual property

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.