What are some examples of well-understood, routine, conventional activities in life science arts?
The MPEP 2106.05(d) provides several examples of laboratory techniques that courts have recognized as well-understood, routine, conventional activity in the life science arts when claimed in a merely generic manner or as insignificant extra-solution activity. These include:
- Determining the level of a biomarker in blood by any means
- Using polymerase chain reaction to amplify and detect DNA
- Detecting DNA or enzymes in a sample
- Immunizing a patient against a disease
- Analyzing DNA to provide sequence information or detect allelic variants
- Freezing and thawing cells
- Amplifying and sequencing nucleic acid sequences
- Hybridizing a gene probe
It’s important to note that while these techniques are considered well-understood, routine, and conventional, their specific application or combination with other elements in a claim may still contribute to patent eligibility. Each claim should be analyzed as a whole to determine if it amounts to significantly more than the judicial exception.
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Topics:
Conventional Activity,
MPEP 2100 - Patentability,
MPEP 2106.05(D) - Well - Understood,
Patent Law,
Patent Procedure,
Routine