Sterne Kessler Goldstein Fox

No Data, No Patent?- Establishing A Credible Utility For Therapeutic Method Patents

In this article, Eldora Ellison and Cynthia Bouchez address two questions that commonly face applicants for US patents: ‘When should I file my patent application?’ and ‘What information should I include in my patent application?’ A recent decision by the US Court of Appeals for the Federal Circuit (CAFC), the court that hears patent appeals, may affect the answers to these questions for applicants who seek to patent therapeutic methods.