New Updates from USPTO: 2015 Updated Guidance on Subject Matter Eligibility

August 6, 2015

On Thursday, July 30, 2015, the USPTO issued updated guidance on Patent Subject Matter Eligibility supplementary to the 2014 Interim Guidance on Subject Matter Eligibility (2014 IEG) published on December 16, 2014.  This new guidance addresses comments received in response to the 2014 IEG and provides examination instructions for USPTO personnel on analyzing claims involving business methods, user interface, software, and mechanical arts. The new guidance also includes subject matter eligibility analysis, examples, relevant court decisions, a quick reference sheet, and a request for additional public feedback.

Notably absent from the new guidance are any updated instructions on subject matter eligibility analysis in the natural products and biotechnology arts. The guidance specifically notes several recent precedential decisions, such as the Federal Circuit decision in Ariosa Diagnostics, Inc. v. Sequenom, Inc. and indicates that updated examples in these areas are being developed in light of these recent developments.

 Read more about the Guidance:  2015 Update on Subject Matter Eligibility

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