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« University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014) | Main | AIA Trial Roundtables -- PTAB Takes Its Show on the Road »

April 16, 2014

Comments

Don,

There's no "misunderstanding" on the part of the public, only on the part of the USPTO. These Myriad Guidelines are, for the most part, an outrage.

EG beat me to it.
What does the public "misunderstand?"
Everything was pretty clear, until the Supremes got involved. They've conflated 101 with 102/103 and made a mess of everything. Look at how the Fed. Cir. is trying to apply the Supreme's decisions - hint: they can't. And the USPTO has to make sense of all of it. Good luck with that.

Was not the intent of the 1952 Act to remove all of this "weighing of factors" and messing around with the meaning of 'invention" or "gist of the invention" or any other number of equivalent (and slippery) terms from the patent eligibility section of 101?

Have we so forgotten history that not only do we seek to repeat it, but that we ignore the law that is still on the books?

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