2014 Interim Guidance on Patent Subject Matter Eligibility
uspto-patent · US Patent and Trademark Office · Published 2014-12-16 · Effective 2014-12-16 · 79 FR 74618
Document
Document number
2014-29414
Federal Register citation
79 FR 74618
CFR reference
37 CFR 1
Type
Rule
Action
Examination guidance; request for comments.
Category
uspto-patent
Sub-agency
US Patent and Trademark Office
Publication date
2014-12-16
Effective date
2014-12-16
Commerce docket
Docket No. PTO-P-2014-0058
Abstract
The United States Patent and Trademark Office (USPTO or Office) has prepared interim guidance (2014 Interim Guidance on Patent Subject Matter Eligibility, called "Interim Eligibility Guidance") for use by USPTO personnel in determining subject matter eligibility under 35 U.S.C. 101 in view of recent decisions by the U.S. Supreme Court (Supreme Court). This Interim Eligibility Guidance supplements the June 25, 2014, Preliminary Examination Instructions in view of the Supreme Court decision in Alice Corp. (June 2014 Preliminary Instructions) and supersedes the March 4, 2014, Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products (March 2014 Procedure) issued in view of the Supreme Court decisions in Myriad and Mayo. The USPTO is seeking public comment on this Interim Eligibility Guidance along with additional suggestions on claim examples for explanatory example sets.