Stroock Special Bulletin
"America Invents Act: Tax Strategies and Human Organisms Not Patent Eligible"
The recently enacted Leahy-Smith America Invents Act (the "Act") has codified questions of patentability related to tax strategies and human organisms. According to the Act, tax strategies are deemed to be within the prior art, and therefore a tax strategy cannot be used to distinguish a claimed invention from the prior art. With regard to human organisms, a claim is not patentable under the Act if it encompasses a human being.
This Stroock Special Bulletin provides an overview of these provisions, which took effect on September 16, 2011, and apply to any patent application that is pending on, or filed on or after, September 16, 2011. The tax strategy provision also applies to any patent issued on or after September 16, 2011, regardless of the filing date.