December 16, 2014
Today the U.S. Patent and Trademark Office (USPTO) published their “2014 Interim Guidance on Patent Subject Matter Eligibility,” to be used as interim guidelines by USPTO personnel in judging patent eligibility under 35 U.S.C. 101 in view of recent decisions by the U.S. Supreme Court. The guidance is effective immediately and applies to all pending and newly filed applications as well as to future applications.
The USPTO is seeking public comment on this interim guidance as well as additional suggestions on claim examples for explanatory example sets. Written comments are due by March 16, 2015.
Fitch Even attorneys are studying the newly released guidelines and will provide analysis in an upcoming IP alert.
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