New guidelines from the United States Patent and Trademark Office were issued to address recent changes in the law regarding subject matter eligibility. The guidance applies to all claims “reciting or involving laws of nature/natural principles, natural phenomena, and/or natural products.” There is no change to claims reciting abstract ideas.
This step-by-step analysis of patent eligibility for biotech patents includes a flowchart and multiple examples. In addition, a quick reference sheet provides a helpful summary for analyzing claims.