Statement of the P.T.O.S. to the U.S.P.T.O. on Interim Guidelines for Examination of Patent Applications under the 35 U.S.C. 112, first paragraph "written description" requirement
Article Abstract:
The Patent & Trademark Office Society (PTOS) commented on the US Patent & Trademark Office's Interim Guidelines for Examination of Patent Applications under 35 U.S.C. 112, first paragraph 'written description' requirement. If these guidelines are adopted, patent examiners will use them to evaluate biotechnological patent applications for compliance with University of California v. Eli Lilly. PTOS concludes that the guidelines should apply only to the unpredictable arts, particularly to areas of biotechnology.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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Computers and non-patentable matter: rejections under Article I of the Constitution
Article Abstract:
Computer programs and mathematical algorithms are generally not patentable. Claims for patents can be dismissed as violating Article 1 of the Constitution even if they satisfy 35 USC 101. The Supreme Court provides guidelines for patentability as physical structures or phenomena limited to physical structures. These guidelines emerged from decisions in Gottschalk v Benson, Parker v Flook and Diamond v Diehr.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1992
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