March 10, 2015

New Interim Guidance Regarding Patent Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) recently released its “2014 Interim Guidance on Patent Subject Matter Eligibility.” The new guidelines might provide some clarification and guidance to patent applicants in the biotechnology, plant and possibly grain industries.

In an article authored for Feed & Grain, FaegreBD attorneys Jay Sanders, Yonghao Hou and Tyler Cho explain that patentable subject matter has increasingly become a contentious topic in the USPTO as well as all levels of courts, including the Supreme Court of United States. The authors said that all industries relying on patent protection to further their commercial interests, particularly the feed and grain industry that has products closely related to nature-based product, are expecting some clear guidance regarding the product eligibility involved in a patent application.

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