By: J. Gibson Lanier, Ph.D Just when the patent prosecution community thought that, for better or worse, the standards relating to the subject matter eligibility of claims were set for examination, the standards have moved again following the Mayo/Alice decisions. On Thursday, the USPTO released its latest subject matter eligibility examination guidelines for 35 U.S.C. § 101, evidencing just how unworkable the Mayo/Alice test is from a practical standpoint. This iteration of guidelines for examination is the third such revision and provides new examples of what may be subject matter eligible for biotechnology patents, but does not provide additional examples… Read more
Tag: writ of certiorari
What Are The Odds That The Georgia Supreme Court Will Grant You A Write of Certiorari?
The Georgia judicial system has two levels of appellate courts: the Georgia Court of Appeals and the Georgia Supreme Court. Except in a few narrow categories of cases, appeals from decisions of Georgia trial courts go to the Georgia Court of Appeals. However, the Georgia Supreme Court can review a decision of the Georgia Court of Appeals by issuing a writ of certiorari. The statistics published by the Court indicated that the Georgia Supreme Court grants a writ of certiorari in response to approximately one out of 10 of the petitions that it receives. The Court’s rules state that a… Read more