The USPTO wants your comments about patent "claim elements"

Since the Berkheimer decision ( CAFC, 2017-1437, February 8, 2018), there has been a lot of discussion about claim elements. The comment period is open until August 20, 2018. The USPTO will receive comments via email addressed to: Eligibilty2018@uspto.gov.

Why this is important.

"The question of whether a claim element or combination of elements is well-understood, routine and conventional to a skilled artisan in the relevant field is a question of fact. Any fact, such as this one, that is pertinent to the invalidity conclusion must be proven by clear and convincing evidence."

What does this mean to you and how should this affect the MPEP?

Additional information may be found in the Federal Register, dated April 20, 2018, and the letter from Robert W. Bahr, Deputy Commissioner for Patent Policy, dated April 19, 2018.


https://www.gpo.gov/fdsys/pkg/FR-2018-04-20/pdf/2018-08428.pdf


https://www.uspto.gov/sites/default/files/documents/memo-berkheimer-20180419.PDF