What is the significance of ‘publicly available material’ in biological patent applications?
‘Publicly available material’ plays a crucial role in determining whether a biological material deposit is necessary for a patent application. According to MPEP 2404.02: “No deposit is required, however, where the required biological materials can be obtained from publicly available material with only routine experimentation and a reliable screening test.” The significance of publicly available…
Read MoreHow do courts determine if a disclosure is enabling in biological and chemical cases?
Courts consider several factors to determine if a disclosure is enabling in biological and chemical cases, including: The breadth of the claims The amount of direction or guidance provided The presence of working examples The nature of the invention The state of the prior art The relative skill of those in the art The predictability…
Read MoreHow does conception of a species relate to conception of a genus in patent law?
The relationship between conception of a species and conception of a genus in patent law is complex and nuanced. According to MPEP 2138.04: “The first to conceive of a species is not necessarily the first to conceive of the generic invention. In re Jolley, 308 F.3d 1317, 1323 n.2, 64 USPQ2d 1901, 1905 n.2 (Fed.…
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