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Elena S. Polovnikova

Elena S. Polovnikova, PhD is an attorney with Kilpatrick Townsend & Stockton LLP. Dr. Polovnikova focuses her practice on patent prosecution and counseling. Prior to joining the firm, Dr. Polovnikova conducted research in protein chemistry, biophysics, neurobiology, mammalian signal transduction, enzymology, and structural biology. She was trained in protein x-ray crystallography at Purdue University Markee Structure Group and worked as a research scientist at Georgia Tech Research Institute. Dr. Polovnikova also has research experience in molecular biology, yeast genetics, microbiology, immunochemistry and biosensors. For more information, or to contact Dr. Polovnikova, please visit her firm profile page.

Recent Articles by Elena S. Polovnikova

Teaching Points from the New USPTO Life Sciences Examples

On May 6, 2016, the U.S. Patent and Trademark Office released new life science examples on subject matter eligibility (Examples 28-32, consecutively numbered after the previously released USPTO examples). Examples 28 and 30 illustrate the application of the “markedly different” and “significantly more” analysis to nature-based products. Examples 29 and 31 illustrate the USPTO approach to the eligibility analysis of diagnostic claims, which has been much anticipated. Finally, Examples 32 and 33 illustrate the use of a streamlined eligibility analysis. At first glance, the new life science examples, which identify most of the presented hypothetical claims as patent-eligible, provide several teaching points for achieving patent-eligibility in commonly encountered situations in the life sciences area.