How does the USPTO handle enablement for microorganisms in patent applications?
The USPTO has specific guidelines for handling enablement issues related to microorganisms in patent applications. According to MPEP 2164.06(a): Patent applications involving living biological products, such as microorganisms, as critical elements in the process of making the invention, present a unique question with regard to availability. The MPEP cites the case of In re Argoudelis,…
Read MoreWhat issues can arise when determining enablement for biotechnological inventions?
When determining enablement for biotechnological inventions, a key issue that can arise is the availability of starting materials or apparatus necessary to make the invention. MPEP 2164.01(b) states: “In the biotechnical area, this is often true when the product or process requires a particular strain of microorganism and when the microorganism is available only after…
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