What is pre-AIA 35 U.S.C. 103(b) and when does it apply?

Pre-AIA 35 U.S.C. 103(b) is a provision applicable to biotechnological processes. It precludes a rejection of process claims which involve the use or making of certain nonobvious biotechnological compositions of matter under pre-AIA 35 U.S.C. 103(a). This provision is only applicable to applications subject to pre-AIA 35 U.S.C. 102. As stated in the MPEP: Only…

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What is the significance of MPEP 2116?

MPEP 2116 is titled “Novel, Nonobvious Starting Material or End Product.” This section likely discusses the patentability of processes that involve novel or nonobvious starting materials or end products. However, without additional context from the full content of the section, it’s difficult to provide more specific information about its significance. For a comprehensive understanding of…

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