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« FDA Approves Amjevita -- Amgen's HUMIRA® Biosimilar | Main | PTAB Life Sciences Report »

September 26, 2016

Comments

Hey Joseph,

The nonsensical Mayo/Alice framework strikes again. The reasoning of this district court is frankly abysmal. What is being claimed is a machine system, plain and simple, and eligible under 35 USC 101. Whether it's enabled under 35 USC 112 or novel/unobvious under 35 USC 102/103 is an entirely different matter.

We have returned to the era of pre-1952 with the "directed to" and the clear making of the statutory categories written out (swallowed up) by the exceptions.

The problem of course is that any (and all) claims can be made to be "directed to" some "Abstract" thing (if the courts are allowed to remove actual hardware items from the claims (if even only for being "conventional" - as E.G. mentions, conventionality is covered under a different section of law).

Sadly, there does not appear to be enough people in Congress aware of or concerned with the Court legislating (and legislating so Poorly) from the bench.

Will that change (in time)....?

I am...

"The problem with the claim, in my opinion, is not that it is directed to ineligible subject matter"

LOLOLOLOLOLOLOLOLOLOL!!!!!!!

Seriously?

My computer displays documents as fast-food items. The main documents are hamburgers. The sub-documents are condiments. Yummy!

Let's just hand out patents to every third grader who can write a sentence. What could go wrong?

Malcolm,

You forget to update your moniker....

Hey Skeptical,

How accurately noted.

Of course I agree with you Joseph that these claims should go out on 103/112. However, current procedure would cost a million bucks (minimum) to get to an S.J. motion when $40K covers it this way.

Mr. Snyder,

Do you proscribe to an "Ends justify the Means" philosophy in wanting to corrupt the law of 101 to serve as a CHEAP proxy to the other and more pertinent sections of law?

Do you see the fundamental lack of Justice in such a proscription?

I am...

The comments to this entry are closed.

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