Friday, July 31, 2015

The USPTO Updates Patent Eligibility Guide

Things are changing in the patent world. The USPTO has issued new guidelines for patent eligibility to address public comments about the following six major themes: 

  1. requests for additional examples, particularly for claims directed to abstract ideas and laws of nature; 
  2. further explanation of the markedly different characteristics analysis; 
  3. further information regarding how examiners identify abstract ideas; 
  4. discussion of the prima facie case and the role of evidence with respect to eligibility rejections; 
  5. information regarding application of the 2014 Interim Patent Eligibility Guidance in the Patent Examining Corps; and 
  6. explanation of the role of preemption in the eligibility analysis, including a discussion of the streamlined analysis. 
The information includes:

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