This afternoon, the United States Supreme Court announced that it will hear the appeal in Association for Molecular Pathology v. Myriad Genetics on a single question: “Are human genes patentable?”
Tomorrow is the one-year anniversary of the Federal Court of Appeal’s Amazon.com decision on patentable subject matter. There are reports that new CIPO Practice Notices on patentable subject matter will be issued after Christmas.
CIPO issued a notice today that it is still reviewing comments received on its proposed guidance to patent Examiners relating to patentable subject matter. CIPO indicated that it will provide an update in October.
Today, the United States CAFC issued its latest decision on the patentability of gene patents in Association for Molecular Pathology (AMP) and ACLU v. USPTO and Myriad Genetics after its earlier decision in the case was vacated following the United States Supreme Court’s decision in Mayo v. Prometheus, Inc.
CIPO has released its consultation documents on patentable subject matter. The consultation period is open until May 2, 2012 and relates to both the Federal Court of Appeal’s decision in Amazon.com and diagnostic methods.
The U.S. Supreme Court has issued its decision on the patentability of correlation procedures in Mayo Collaborative Services v. Prometheus Labs., Inc. The Court unanimously reversed the CAFC and held that the claims were effectively directed to laws of nature and therefore unpatentable.
The U.S. Court of Appeals for the Federal Circuit released a decision today in DealerTrack v. Huber on the patentability of computer claims. It held that claims “for executing a computer program” were means-plus-function limited to the algorithms in the specification and “computer aided” limitations did not render claims patentable subject matter.
The Canadian Patent Office has allowed the Amazon.com ‘one-click’ patent application and the final fee has been paid. The application, CA2,246,933, was subject of the recent Federal Court of Appeal decision 2011 FCA 328 on patentable subject matter.