How has the Federal Circuit’s decisions in Ochiai and Brouwer affected the need for pre-AIA 35 U.S.C. 103(b)?

The Federal Circuit’s decisions in In re Ochiai and In re Brouwer have significantly impacted the need for relying on pre-AIA 35 U.S.C. 103(b). The MPEP notes: In view of the Federal Circuit’s decisions in Ochiai and Brouwer, an applicant’s need to rely upon pre-AIA 35 U.S.C. 103(b) should be rare. These cases addressed whether…

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What is considered a “biotechnological process” under pre-AIA 35 U.S.C. 103(b)?

Pre-AIA 35 U.S.C. 103(b) provides a specific definition for a “biotechnological process.” According to the statute, it includes: A process of genetically altering or inducing a single- or multi-celled organism to: Express an exogenous nucleotide sequence Inhibit, eliminate, augment, or alter expression of an endogenous nucleotide sequence Express a specific physiological characteristic not naturally associated…

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