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MBHB Partners Steven Sarussi and James Suggs Co-Author COIN Connections Article Entitled, "Natural Products: Patentable in the United States?"

McDonnell Boehnen Hulbert & Berghoff LLP partners Steven Sarussi

and James Suggs co-authored an article entitled, “Natural Products: Patentable in the United States?” that appears in the January 2015 online edition of COIN Connections. The USPTO recently released a set of guidelines for patent examiners to use when determining whether an invention is patent-eligible subject matter. Until recently, natural products purified from their natural environment were considered to be patent-eligible subject matter. However, in the Myriad case, a naturally-occurring DNA was held not to be patentable subject matter — even in isolated or purified form. The guidelines are meant to be instructions for applying the Supreme Court’s reasoning to other nature-based products. View the article