Lawrence H. Frank, PhD

is a founder of Liang, Frank & King LLP. Dr. Frank’s patent practice encompasses patent drafting, prosecution, opinion (freedom-to-operate, invalidity and non-infringement, including with respect to Orange Book-listed patents), due diligence, patentability analysis, patent term extension under 35 U.S.C. s. 156, and USPTO proceedings. For more information, or to contact Dr. Frank, please see his firm profile page.

Recent Articles by Where is the line between patentable subject matter and non-patentable products of nature?

Where is the line between patentable subject matter and non-patentable products of nature?

A conflict exists between the incentive to invent and the breadth of patent-eligible subject matter. It has become difficult to recognize the line between patentable subject matter and non-patentable products of nature. The Supreme Court has made conflicting statements regarding that line in its rulings in Funk Bros. and Myriad Genetics. It is time for the Supreme Court to resolve the inconsistencies in their rulings on 35 U.S.C. § 101… This case is an ideal vehicle for providing the clarification the patent and investment community require.  At issue is how to determine whether something is a product of nature under 35 U.S.C. § 101.