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Expert Analysis

Fed. Circ. Ruling Clarifies Role Of USPTO Eligibility Guidance

By Michael Abernathy, Maria Doukas and Michael Sikora ( April 4, 2019, 3:15 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit's decision in Cleveland Clinic Foundation v. True Health Diagnostics LLC confirms that controlling case law supersedes any guidance from the U.S. Patent and Trademark Office on subject matter eligibility. Practitioners drafting patent claims should ensure their claims conform to both USPTO guidance regarding subject matter eligibility and Federal Circuit Section 101 case law....

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