MPEP Q & A 91: Non-Limiting Examples of Types of Characteristics Considered by the Courts to Determine Marked Difference

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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 a special supplement that at the time of this recording is currently being tested on the Patent Bar exam.

Section Summary:

This question and answer comes from the PTO supplement known as, 2014 Interim Guidance on Patent Subject Matter Eligibility.

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