An upcoming en banc rehearing before the U.S. Court of Appeals for the Federal Circuit has the potential to reverse a written description requirement for patents that the court imposed a dozen years ago. Owners of broadly written patents such as those covering life sciences innovations are watching closely. (Law.com)
Federal Circuit to consider whether a separate written description requirement exists in section 112 (File Wrapper)
Federal Circuit Grants En Banc Review in Ariad v. Lilly (PatentDoc)
Ariad v. Lilly: Federal Circuit Grants En Banc Request to Challenge Written Description Requirement (PatentlyO)
(1) Is the claim directed to one of the four patent-eligible subject matter categories: process, machine, manufacture, or composition of matter?
(2) Does the claim wholly embrace a judicially recognized exception, which includes abstract ideas, mental processes or substantially all practical uses (pre-emption) of a law of nature or a natural phenomenon, or is it a particular practical application of a judicial exception?
Interim Guidelines on Examining Statutory Subject Matter (PatentlyO)
USPTO Publishes Interim Guidelines for Subject Matter Eligibility (271)
USPTO has “Issued” Interim Examination Instructions For “Evaluating” Subject Matter Eligibility (PatentBaristas)
Director Kappos: "Patent quality equals granting those claims the applicant is entitled to under our laws." (PatentlyO)
USPTO Director's Blog (just a patent examiner)