MPEP Q&A 91: Non-Limiting Examples of Types of Characteristics Considered by the Courts to Determine Marked Difference - a podcast by Lisa Parmley, USPTO Patent Practitioner #51006

from 2017-05-23T14:04:23

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Question: List three non-limiting examples of the types of characteristics considered by the courts when determining whether there is a marked difference. Answer: Non-limiting examples of the types of characteristics considered by the courts when determining whether there is a marked difference include: Biological or pharmacological functions or activities; Chemical and physical properties; Phenotype, including functional and structural characteristics; and Structure and form, whether chemical, genetic or physical. Chapter Details: The answer to this question can be found in the PTO supplement known as, 2014 Interim Guidance on Patent Subject Matter Eligibility. This supplement covers subject matter eligibility. This is…


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