The PTO's utility rules

In reiterating the patentability of genes on Friday, the U.S. Patent and Trademark Office deviated little from draft guidelines issued in 1999 regarding how patent examiners should assess "utility" and "written description" requirements of patent applications. But in responding to comments on its proposals, the PTO did clarify how it may address questions specific to gene and sequence patenting, in some cases rejecting proposals to limit methods for determining utility or to narrowly proscribe how a gene might be described.

Lila Feisee, director for intellectual property at the Biotechnology Industry Organization, noted that the guideline has been in practice at the PTO since 1999...