How does the Vanda case relate to the treatment or prophylaxis consideration in Step 2A Prong Two?
The Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Ltd. case is significant in the context of the treatment or prophylaxis consideration in Step 2A Prong Two. According to MPEP 2106.04(d)(2): “Vanda Pharm. Inc. v. West-Ward Pharm. Int’l Ltd., 887 F.3d 1117, 126 USPQ2d 1266 (Fed. Cir. 2018). The claims in Vanda recited a method of…
Read MoreWhat are the key steps in formulating a subject matter eligibility rejection?
The key steps in formulating a subject matter eligibility rejection under 35 U.S.C. 101 are: Identify the judicial exception (abstract idea, law of nature, natural phenomenon) in the claim Explain why it is considered an exception Identify any additional elements beyond the exception Explain why the additional elements do not integrate the exception into a…
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