The US Patent and Trade Office (USPTO) has issued a new guidance document concerning ‘biomimicry’ patents according to David Bruggeman’s Dec. 20, 2014 post on his Pasco Phronesis blog (Note: Links have been removed),
The United States Patent and Trademark Office (USPTO) has released another guidance memo for patents derived ‘from nature’ (H/T ScienceInsider). The USPTO released its first memo in March , and between negative public comments and additional court action, releasing new guidance makes sense to me.
The USPTO is requesting comments on the guidance by March 16, 2014 and will be holding a holding a public forum for comments on Jan. 21, 2015. Here’s more detail about the comments from the USPTO 2014 Interim Guidance on Subject Matter Eligibility webpage,
The USPTO has prepared 2014 Interim Guidance on Patent Subject Matter Eligibility (Interim Eligibility Guidance) for USPTO personnel to use when determining subject matter eligibility under 35 U.S.C. 101 in view of recent decisions by the U.S. Supreme Court, including Alice Corp., Myriad, and Mayo. The Interim Eligibility Guidance supplements the June 25, 2014 Preliminary Examination Instructions issued in view of Alice Corp. and supersedes the March 4, 2014 Procedure for Subject Matter Eligibility Analysis of Claims Reciting or Involving Laws of Nature/Natural Principles, Natural Phenomena, and/or Natural Products issued in view of Mayo and Myriad. It is expected that the guidance will be updated in view of developments in the case law and in response to public feedback.
Any member of the public may submit written comments on the Interim Eligibility Guidance and claim example sets by electronic mail message over the Internet addressed to email@example.com. Electronic comments submitted in plain text are preferred, but also may be submitted in ADOBE® portable document format or MICROSOFT WORD® format. The comments will be available for public inspection here at this Web page. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or a phone number, should not be included in the comments. Comments will be accepted until March 16, 2015.
And there is also this about the public forum (from the Interim Guidance page),
A public forum will be hosted at the Alexandria campus of the USPTO on Jan. 21, 2015, to receive public feedback from any interested member of the public. The Eligibility Forum will be an opportunity for the Office to provide an overview of the Interim Eligibility Guidance and for participants to present their interpretation of the impact of Supreme Court precedent on the complex legal and technical issues involved in subject matter eligibility analysis during examination by providing oral feedback on the Interim Eligibility Guidance and claim example sets. Individuals will be provided an opportunity to make a presentation, to the extent that time permits.
Date and Location: The Eligibility Forum will be held on Jan. 21, 2015, from 1pm – 5pm EST, in the Madison Auditorium North (Concourse Level), Madison Building, 600 Dulany Street, Alexandria, VA 22314. The meeting will also be accessible via WebEx.
Requests for Attendance at the Eligibility Forum: Requests for attendance to the Eligibility Forum should be submitted by electronic mail through the Internet to firstname.lastname@example.org by JAN. 9, 2015. Requests for attendance must include the attendee’s name, affiliation, title, mailing address, and telephone number. An Internet e-mail address, if available, should also be provided.
If I understand David’s description of this guidance rightly, the use of something like curcumin (a constituent of turmeric) to heal wounds cannot be patented unless substantive changes have been made to the curcumin. In short, Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products And/Or Abstract Ideas cannot be patented through the USPTO.