Are human organisms patentable?

No, human organisms are not patentable subject matter. The Leahy-Smith America Invents Act (AIA) explicitly excludes claims directed to or encompassing a human organism from patentability. Section 33(a) of the AIA states: “Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.” This provision codifies…

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How did the America Invents Act (AIA) affect ex parte reexamination?

The Leahy-Smith America Invents Act (AIA), enacted on September 16, 2012, made several significant changes to ex parte reexamination: Expanded the scope of citable information to include patent owner statements filed in federal court or USPTO proceedings. Introduced estoppel provisions related to inter partes review and post-grant review. Established a first-inventor-to-file prior art regime, replacing…

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What is the significance of the America Invents Act (AIA) in determining which version of 35 U.S.C. 102 to apply?

The America Invents Act (AIA) introduced significant changes to U.S. patent law, particularly regarding the application of 35 U.S.C. 102. According to MPEP 2139.02: “The America Invents Act (AIA) revised 35 U.S.C. 102 and thereby, the provisions that govern which version of 35 U.S.C. 102 to apply to any particular application or patent.” This means…

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What alternatives are available for challenging patents after the discontinuation of inter partes reexamination?

While MPEP 2617 states that “No requests for inter partes reexamination may be filed on or after September 16, 2012,” there are alternative procedures for challenging patents. These include inter partes review (IPR), post-grant review (PGR), and ex parte reexamination. Each of these procedures has its own requirements and timelines, and they were introduced as…

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How did the America Invents Act (AIA) affect prior art citations in inter partes reexamination?

The Leahy-Smith America Invents Act (AIA) introduced new provisions for submitting information in patent proceedings, but it did not significantly alter the process for prior art citations in inter partes reexamination. According to MPEP 2602: “The Leahy-Smith America Invents Act (the AIA), Public Law 112-29, 125 Stat. 284, enacted September 16, 2011, provided, under 35…

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