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« Court Report | Main | Examination of Myriad-Mayo Guidance Comments -- The Coalition for 21st Century Medicine -- Part II »

December 01, 2014

Comments

Any word on when the PTO will issue the revised Guidelines? I keep hearing rumors, but nothing materializes.

Most of the coalition's seems quite reasonable.

This part strikes me as a potentially problematic "loophole" or "end-around" the eligibility concerns that have arisen around the patenting of nucleic acids:

With respect to the "special problem" of a combination of two or more natural products, the letter suggests that "[t]he composition can be patent eligible if (a) the combination is recited at some level of specificity to exclude reasonably foreseeable natural combinations and (b) the combination as claimed possesses at least one function not found in any of the natural components alone or any natural combination of the natural components."

I'm curious about any examples of analyses that were provided to address the eligibility of (i) otherwise ineligible nucleic acids that have been modified according to conventional techniques to achieve the well-known "new" functionality afforded by the modifications (e.g., an otherwise ineligible nucleic acid that has been "labeled"); and (ii) "new" sets of otherwise ineligible nucleic acids, each employed for their well-known and old "functions" of hybridizing to a complementary sequence for the purpose of priming polymerization off the complementary sequence or otherwise identifying the presence of the complementary sequence.

Were any such examples provided? If so, what's the analysis?

Kap'n: I'd say Chakrabarty is a good example, adding DNA from one organism into another organism to give novel properties.

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