Credit: nikomsolftwaer/Adobe Stock Chemical Reactions as Laws of Nature: Will 'American Axle' Apply to Chemical and Biotech Process Claims?
'American Axle' could give rise to arguments that claims to processes of manufacturing chemical or biological compositions are not patent-eligible subject matter because they inherently require the use of natural laws or, if a mathematical equation explains the reaction, an abstract idea.
October 13, 2022 at 10:00 AM
8 minute read
Intellectual Property
Reading the constitutional and statutory definitions of patentable subject matter, it would seem that you could patent almost anything. The Constitution gives Congress the power to grant "inventors the exclusive right to their … discoveries." The most recent provision by Congress on patentable subject matter, 35 U.S.C. §101, enacted in 1952, allows a patent to be obtained on "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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