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USPTO lawyers discuss software patents and biotechnology

Under the theme “Patent eligibility in the areas of software and biotechnology”, the patent lawyers of the Office of Policies and International Affairs of the USPTO (United States Patent Trademark Office), Gordon Klancknic and Hasan Ahmed, detailed, in an international webinar promoted by ABPI, the requirements of 35 USC 101, the code that regulates the American patent system, judicial decisions, jurisprudence and commented examples of patent eligibility and ineligibility. The lawyers’ presentations, of a high technical nature, took place at ABPI’s headquarters, in Rio, under the reception of the Association’s Reporting Director, Rodrigo de Ouro Preto.

In his presentation on inventions associated with computers, Klancknic showed the requirements of the “Legal Categories” for patenting and in the “Judicial Exceptions” he dealt with the eligibility or non-eligibility of claims, such as the “indicative limitations of integration to practical application”. Following the presentation, the lawyer detailed two of the 46 examples of USPTO guidance, one on a machine to control injection molding and another on livestock management, with four claims each. In both instances, three of the claims were eligible and only one was ineligible.

Hamed also showed two examples from the USPTO’s list of patent claims, this time in the area of ​​biotechnology, one on the treatment of kidney disease and the other on denveric acid, a substance that reduces the human need for insulin and is indicated for glycemic control. In both examples, three of the claims were eligible and one was ineligible.

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