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Pomello juice end of time
Pomello juice end of time












pomello juice end of time

The following three pomelo juice claims were analyzed under the Guidance.Ĭlaim 1: A beverage composition comprising:Ĭlaim 2: A beverage composition comprising pasteurized pomelo juice.Ĭlaim 3: A beverage composition comprising: So what does all this have to do with grapefruit juice - um, I mean pomelo juice? The pomelo comes into play, because the USPTO used pomelo juice in a recent training slideshow presentation to its examiners. The Guidance actually states "he determination of eligibility is not a single, simple determination, but is a conclusion reached by weighing the relevant factors, keeping in mind that the weight accorded each factor will vary based upon the facts of the application." Perhaps even more concerning is that the Guidance goes on to state "hese factors are not intended to be exclusive or exhaustive as the developing case law may generate additional factors over time." Need I say more? If you think this analysis is complicated, even the USPTO thinks likewise. This determination is made by analyzing the claim against the twelve factors - six of which weigh toward patent eligibility and six of which weigh against. If "yes", the next inquiry is whether the claim "as a whole" recites something "significantly different" than these judicial exceptions. If the answer to this second question is "no", the claim meets the eligibility requirements under § 101. These exceptions are laws of nature ( e.g., gravity), natural phenomena ( e.g., wind), or abstract ideas (ideas in the abstract are not patentable - only applications of the ideas are). If "yes", one proceeds to the second question, which is whether the claim recites a judicial exception to patentability. If the answer is "no", end of inquiry, and the claim is not patentable. The first question is whether the claim is directed to one of the four statutory categories of patentable subject matter, i.e., a process, machine, manufacture or composition of matter.

pomello juice end of time

The Guidance sets forth a three-question inquiry with a complex twelve-factor analysis for determining whether a claim meets the criteria for patent eligibility under § 101. See, " Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products." The Guidance is intended to help examiners determine whether the subject matter of a patent claim is significantly different from what exists in nature. The guidelines were issued in light of the Supreme Court's decisions in Myriad, Prometheus, and related cases. Patent and Trademark Office issued guidelines to its examining corps for assessing patent eligible subject matter under 35 USC § 101. Now, on to the bitterness of the present situation. For those of you not in the know, a pomelo is a large, grapefruit-like citrus fruit with a mild, sweet flavor, but without the characteristic bitterness of a grapefruit. What does grapefruit juice, or more specifically pomelo juice, have to do with all this? I will get to that connection in just a bit.














Pomello juice end of time