tag:blogger.com,1999:blog-444943417265873047.post2296214476761857025..comments2022-03-16T20:03:27.327-04:00Comments on Anne Barschall: Mayo v. Prometheus -- a critiqueUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-444943417265873047.post-10184025855750900152012-06-04T16:47:16.724-04:002012-06-04T16:47:16.724-04:00It seems unlikely to me that there are philosophic...It seems unlikely to me that there are philosophical treatises on the meaning of the term "law of nature" as used by the Supreme Court in the context of patent law. Even if there were a treatise on a closely related topic, it is not clear to me how that would be useful with the USPTO, as they are going to be looking at what the Supreme Court said was patentable, not what some treatise said was a "law of nature."<br /><br />I am going to try a brief summary of what the Supreme Court found to be unpatentable here. <br /><br />I would submit that this was a claim where the point of novelty lay in the response of a natural system to a known process administered with new criteria. <br /><br />If I were dealing with a similar case, I would try to frame the claim so it did not fit within that description.<br /><br />I would prefer to be in a situation where Congress had told the Supreme Court to stop categorizing new technology as unpatentable subject matter.aebarschallhttps://www.blogger.com/profile/08775327631769268095noreply@blogger.comtag:blogger.com,1999:blog-444943417265873047.post-51511280344889920842012-05-27T07:19:55.547-04:002012-05-27T07:19:55.547-04:00Have you found any authoritative yet simple treati...Have you found any authoritative yet simple treatises on "Laws of Nature" that could be submitted, for example to the USPTO, when fighting a rejection based on Mayo?<br /><br />In the first few chapters of his tome, "Road to Reality", Roger Penrose explains the use of mathematical models for the purpose of modeling Nature and some of the pitfalls in this approach. See for example this picture:<br />http://openparachute.files.wordpress.com/2009/05/platonic-world.jpg <br /><br />However, "Road to Reality" is too dense and intimidating of a work for most people.Step Backhttps://www.blogger.com/profile/06178091823442339760noreply@blogger.com