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Paul Stamets

14 Cited authorities

  1. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 831 times   153 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  2. Ass'n for Molecular Pathology v. Myriad Genetics, Inc.

    569 U.S. 576 (2013)   Cited 463 times   148 Legal Analyses
    Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

  3. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 545 times   131 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  4. Diamond v. Chakrabarty

    447 U.S. 303 (1980)   Cited 415 times   86 Legal Analyses
    Holding claims patent-eligible where "the patentee has produced a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility"

  5. Funk Bros. Seed Co. v. Kalo Inoculant Co.

    333 U.S. 127 (1948)   Cited 167 times   59 Legal Analyses
    Finding different strains of bacteria unpatentable

  6. Nat. Alts. Int'l, Inc. v. Creative Compounds, LLC

    918 F.3d 1338 (Fed. Cir. 2019)   Cited 40 times   22 Legal Analyses
    Finding that a patent involving beta-alanine (which exists in nature) is directed at patent-eligible subject matter because the beta-alanine quantities being administered "greatly exceed natural levels"

  7. United Cannabis Corp. v. Pure Hemp Collective Inc.

    Civil Action No. 18-cv-1922-WJM-NYW (D. Colo. Apr. 17, 2019)   Cited 4 times   2 Legal Analyses

    Civil Action No. 18-cv-1922-WJM-NYW 04-17-2019 UNITED CANNABIS CORPORATION, a Colorado Corporation, Plaintiffs, v. PURE HEMP COLLECTIVE INC., a Colorado Corporation, Defendant. Judge William J. Martínez ORDER DENYING DEFENDANT'S EARLY MOTION FOR PARTIAL SUMMARY JUDGMENT United Cannabis Corporation (which refers to itself as "UCANN") sues Pure Hemp Collective Inc. ("Pure Hemp") for infringement of UCANN's patent, U.S. Patent No. 9,730,911 ("911 Patent"), which issued on August 15, 2017. Currently

  8. In re Bhagat

    2016-2525 (Fed. Cir. Mar. 16, 2018)   1 Legal Analyses

    2016-2525 03-16-2018 IN RE: URVASHI BHAGAT, Appellant URVASHI BHAGAT, Palo Alto, CA, pro se. NATHAN K. KELLEY, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, for appellee Andrei Iancu. Also represented by THOMAS W. KRAUSE, AMY J. NELSON. NEWMAN, Circuit Judge. NOTE: This disposition is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. 12/426,034. URVASHI BHAGAT, Palo Alto, CA, pro se. NATHAN K. KELLEY

  9. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,423 times   1070 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  10. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,547 times   2304 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  11. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 189 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"

  12. Section 134 - Appeal to the Patent Trial and Appeal Board

    35 U.S.C. § 134   Cited 99 times   30 Legal Analyses

    (a) PATENT APPLICANT.-An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. (b) PATENT OWNER.-A patent owner in a reexamination may appeal from the final rejection of any claim by the primary examiner to the Patent Trial and Appeal Board, having once paid the fee for such appeal. 35 U.S.C. § 134 July 19, 1952, ch. 950, 66 Stat. 801; Pub. L. 98-622

  13. Section 1.136 - [Effective until 1/19/2025] Extensions of time

    37 C.F.R. § 1.136   Cited 17 times   30 Legal Analyses

    (a) (1) If an applicant is required to reply within a nonstatutory or shortened statutory time period, applicant may extend the time period for reply up to the earlier of the expiration of any maximum period set by statute or five months after the time period set for reply, if a petition for an extension of time and the fee set in § 1.17(a) are filed, unless: (i) Applicant is notified otherwise in an Office action; (ii) The reply is a reply brief submitted pursuant to § 41.41 of this title; (iii)

  14. Section 1.42 - Applicant for patent

    37 C.F.R. § 1.42   1 Legal Analyses

    (a) The word "applicant" when used in this title refers to the inventor or all of the joint inventors, or to the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 . (b) If a person is applying for a patent as provided in § 1.46 , the word "applicant" refers to the assignee, the person to whom the inventor is under an obligation to assign the invention, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for a patent under § 1.46 and