Grüneberg and Myers - Intellectual Property Law


News and Recent Developments

PTO Memo Advises on Subject Matter Eligibility That Application of a Natural Relationship Satisfied Step 2A of Alice Test

Following the Fed. Cir. decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, in a memo issued June 7, 2018, the PTO reminded examiners that method of treatment claims which practically apply natural relationships should be considered patent eligible under step 2A of Alice. Further if Step 2A is satisfied, it is not necessary for the claims to include nonroutine or unconventional steps to be considered patent eligible.

Richard Chinn