Transient Phenotypes are Patent Eligible

I am very happy for our client, UAS Labs, for winning their appeal of, among other things, rejection for patent ineligibility under 35 U.S.C. §101. Ex parte Prakash et al., PTAB Appeal No. 2018-004374. This case presents an interesting question: is a bacterial cell with a transient phenotype that doesn’t result from genetic modification patent eligible? The Patent Trials and Appeal Board (“PTAB”) says yes.