Decisions provide further guidance regarding the subject matter eligibility of computer-based diagnostic methods
Decision highlights the need for applicants to focus on additional improvements to technology when drafting and prosecuting applications directed to computer-implemented diagnostics methods.
On March 25, 2021, the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) decision that maintained the rejection of diagnostic method claims in a patent application owned by The Board of Trustees of Leland Stanford University (Stanford), providing further guidance regarding the subject matter eligibility of computer-based diagnostic methods.[1] In this case, the Court found that the claims were ineligible under 35 U.S.C. § 101 for being “drawn to abstract mathematical calculations and statistical modeling, and similar subject matter.”[2] This decision follows a recent decision issued by the Court last month regarding a related Stanford patent application directed to
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