Can I Patent my Biotechnology or Life Sciences Invention?

traverselegal - September 22, 2014 - Patent

The recent Myriad U.S. Supreme Court decision has limited the patentability of biotechnology and life sciences inventions. In light of the Myriad decision, the USPTO has instituted new guidelines for patenting natural substances. Can natural substances or naturally occurring products still be patent eligible? The first question that needs to be answered, though, is whether your invention constitutes a “natural substance.” Is my chemical, mineral, food, organism, DNA/RNA, or protein patentable? If so, what additional requirements are needed to patent natural substances or naturally occurring products? Any invention that includes a natural product/substance or that uses a natural product/substance will be affected by these new patent laws. So, what should biotechnology and life science inventors do to help them protect their inventions and achieve patentable subject matter?

If you are interested in an explanation of these latest developments in patent law, Traverse Legal PLC patent attorneys are ready to assist. We can review your invention disclosures, pending patent applications, or issued patents to assist with your patent drafting, patent prosecution, or licensing needs. If you are interested in patenting a new biotechnology or life science invention, please contact us for a Section 101 subject matter eligibility consultation, so that you may have this information before deciding whether to pursue a patent, and before spending time and money on having a patent application prepared and prosecuted.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.