What are some examples of well-understood, routine, conventional activities in life science arts?

The MPEP 2106.05(d) provides several examples of laboratory techniques that courts have recognized as well-understood, routine, conventional activity in the life science arts when claimed in a merely generic manner or as insignificant extra-solution activity. These include:

  • Determining the level of a biomarker in blood by any means
  • Using polymerase chain reaction to amplify and detect DNA
  • Detecting DNA or enzymes in a sample
  • Immunizing a patient against a disease
  • Analyzing DNA to provide sequence information or detect allelic variants
  • Freezing and thawing cells
  • Amplifying and sequencing nucleic acid sequences
  • Hybridizing a gene probe

It’s important to note that while these techniques are considered well-understood, routine, and conventional, their specific application or combination with other elements in a claim may still contribute to patent eligibility. Each claim should be analyzed as a whole to determine if it amounts to significantly more than the judicial exception.

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Topics: Conventional Activity, MPEP 2100 - Patentability, MPEP 2106.05(D) - Well - Understood, Patent Law, Patent Procedure, Routine
Tags: Conventional Activity, Laboratory Techniques, Life Science Patents