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« USPTO Holds Forum on Subject Matter Eligibility -- Part II | Main | Pharma Patent Extensions Conference »

May 15, 2014


It appears that the guidelines for patent examiners on what is allowable subject matter is attempting to provide specific narrow gateways. However as stated in the article there are many examples of new compositions that do not fit the guidelines. Further, it also should be noted that a number of criteria proposed for the examiners are subjective criteria. For example “is the claimed composition markedly structurally different” or “does the composition serve other than the ends nature originally provided”. Shouldn’t we have a broad gateway on this subject matter eligibility criteria and allow discussion and evidence of the patentabilty merits be considered under the obviousness provisions? In this way minute differences to nature which would appear to be insufficient to meet subject matter eligibility criteria would be properly considered with evidence as to whether it is an obvious variation from nature or not.

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