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Fish Forum Fish at the Podium

Patent Webinar: Are Fireworks Patent Eligible? The USPTO Provides a New Framework for Eligibility of All Natural Products, Natural Phenomena and Laws of Nature

Wednesday, April 23rd, 2014

Fish Forum Fish at the Podium

Patent Webinar: Are Fireworks Patent Eligible? The USPTO Provides a New Framework for Eligibility of All Natural Products, Natural Phenomena and Laws of Nature

Wednesday, April 23rd, 2014

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Fish Senior Principal Mark Ellinger provided perspectives on the USPTO’s analytical framework for examining claims reciting laws of nature, natural phenomena and natural products; its “markedly different” criterion; and its “weighting analysis” approach to these claims. He also discussed the various hypothetical examples set out in the guidance document, which make clear that the USPTO is extending the principles set out in Myriad and prior Supreme Court cases far beyond DNA and even beyond biotech. In addition, Mark provided important insights for claim drafting and patent prosecution in view of the USPTO’s expansive interpretation of the case law.

Presenter:
Mark Ellinger, PhD, Senior Principal, Twin Cities

Download PDF slides here.

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