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Client Alert: USPTO Examination Guidance Memo Addresses Subject Matter Eligibility of Method of Treatment Claims

June 20, 2018

The USPTO published new examination guidance concerning method-of-treatment claims. Cantor Colburn's Client Alert summarizes the so-called "Vanda memo."

In a memorandum dated June 7, 2018, the USPTO set out new examination guidance concerning method-of-treatment claims, which is encouraging news for patent applicants in the personalized medicine space.  The memo emphasizes that method of treatment claims can be found to satisfy subject matter eligibility under 35 USC § 101 at the first step of an Alice/Mayo analysis, without requiring a showing of “nonroutine or unconventional steps.”  The memo provides helpful guidance to examiners and patent applicants that emphasizes the patent eligibility of personalized method of treatment claims.

Todd E. Garabedian, Ph.D. (biochemistry) authored the Client Alert.  He is a partner at the firm and has been a patent attorney for more than 25 years.

Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.

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