In the recent case Illumina, Inc. v. Ariosa Diagnostics, Inc., the Federal Circuit found that claims directed to methods of preparing DNA samples for analysis satisfy the patent eligibility requirement of 35 USC § 101. The patents at issue covered subject matter directed to distinguish and separate the little amount of fetal DNA from the […]

A few weeks ago (mid-October 2019), the USPTO released an updated (view here) patent subject matter eligibility guidance (PEG) along with new examples related to personalized medicine, therapeutic methods, and pharmaceutical products.   The October update is essentially a clarification of the January 2019 guidance. This update analyzes five areas of the 35 U.S.C. §101 analysis […]