![]() Similarly, a method of producing a new compound is not directed to the individual components’ ability to combine to form the new compound. These claims are accordingly eligible at Prong One unless they recite another exception, in which case they require further analysis in Prong Two (and Step 2B, if needed) to determine their eligibility. Similarly, in a claimed method of treating headaches with aspirin, the human body’s natural response to aspirin is not considered to be a law of nature. Thus, in a claimed method of treating cancer with chemotherapy, the cancer cells’ inability to survive chemotherapy is not considered to be a law of nature. 2016) (claims reciting process steps of fractionating, recovering, and cryopreserving hepatocytes held to be eligible, because they are not focused on merely observing or detecting the ability of hepatocytes to survive multiple freeze-thaw cycles). The courts have also noted, however, that not every claim describing a natural ability or quality of a product, or describing a natural process, necessarily recites a law of nature or natural phenomenon. the natural relationship between a patient’s CYP2D6 metabolizer genotype and the risk that the patient will suffer QTc prolongation after administration of a medication called iloperidone, Vanda Pharmaceuticals Inc. the existence of cell-free fetal DNA (cffDNA) in maternal blood, Ariosa Diagnostics, Inc. the chemical principle underlying the union between fatty elements and water, Tilghman v. single-stranded DNA fragments known as "primers", University of Utah Research Foundation v. qualities of bacteria such as their ability to create a state of inhibition or non-inhibition in other bacteria, Funk Bros., 333 U.S. electromagnetism to transmit signals, O’Reilly v. a correlation between the presence of myeloperoxidase in a bodily sample (such as blood or plasma) and cardiovascular disease risk, Cleveland Clinic Foundation v. a correlation that is the consequence of how a certain compound is metabolized by the body, Mayo Collaborative Servs. a correlation between variations in non-coding regions of DNA and allele presence in coding regions of DNA, Genetic Techs. a cloned farm animal such as a sheep, In re Roslin Institute (Edinburgh), 750 F.3d 1333, 1337, 110 USPQ2d 1668, 1671 (Fed. isolated DNA, Ass’n for Molecular Pathology v. The courts have identified the following concepts and products as examples of laws of nature or natural phenomena: at 130, 76 USPQ at 281 see also Le Roy v. the heat of the sun, electricity, or the qualities of metals," Funk, 333 U.S. Nor can one patent "a novel and useful mathematical formula," Parker v. "Likewise, Einstein could not patent his celebrated law that E=mc 2 nor could Newton have patented the law of gravity." Id. Thus, "a new mineral discovered in the earth or a new plant found in the wild is not patentable subject matter" under Section 101. The law of nature and natural phenomenon exceptions reflect the Supreme Court's view that the basic tools of scientific and technological work are not patentable, because the "manifestations of laws of nature" are "part of the storehouse of knowledge," "free to all men and reserved exclusively to none." Funk Bros. LAWS OF NATURE AND NATURAL PHENOMENA, GENERALLY
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