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Board of Trustees of Michigan State University

15330734 - (D) (P.T.A.B. Aug. 20, 2020)
Board of Trustees of Michigan State University

7 Cited authorities

  1. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 414 times   86 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  2. In re Roslin Institute (Edinburgh)

    750 F.3d 1333 (Fed. Cir. 2014)   Cited 39 times   10 Legal Analyses
    Stating that patent eligibility under Section 101 is a question of law

  3. In re Beineke

    690 F.3d 1344 (Fed. Cir. 2012)   Cited 6 times   2 Legal Analyses

    Nos. 2011–1459 2011–1460. 2012-08-6 In re Walter F. BEINEKE. Alice O. Martin, Barnes & Thornburg, LLP, of Chicago, IL, argued for appellant. With her on the brief were James R. Burdett and Richard B. Lazarus. Raymond T. Chen, Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Amy J. Nelson and Nathan K. Kelley, Associate Solicitors. DYK Alice O. Martin, Barnes & Thornburg, LLP, of Chicago, IL, argued for

  4. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 186 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  5. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 98 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  6. Section 161 - Patents for plants

    35 U.S.C. § 161   Cited 41 times   22 Legal Analyses

    Whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state, may obtain a patent therefor, subject to the conditions and requirements of this title. The provisions of this title relating to patents for inventions shall apply to patents for plants, except as otherwise provided. 35 U.S.C. § 161 July 19, 1952, ch. 950

  7. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and