Patent Office Guidance Oversteps Myriad Court Decision, Industry Argues

Development of products derived from natural sources will be deterred by PTO’s factor-based approach to patent eligibility, firms contend, noting special concern about examples given in the office’s recent guidance document.

Pharmaceutical and diagnostics companies are adamantly opposed to the U.S. Patent and Trademark Office’s guidance for determining the patent eligibility of products derived from natural sources, saying it will deter development of many new therapies and tests.

The PTO issued the guidance in March to implement a new procedure for evaluating patent claims involving laws...

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