USPTO – Update on patent subject matter eligibility

patent subject matterThe United States Patent and Trademark Office (USPTO) today provided notice of an update to the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG).

 

The October 2019 Update responds to public comments regarding the 2019 PEG. The update does not change the 2019 PEG, but provides further explanation on how the USPTO applies such guidance. For example, the update provides additional information on how the USPTO determines if a claim “recites” an abstract idea and how groupings within the abstract idea exception are determined.

It also explains the procedures examiners can use to identify “tentative abstract ideas” and provides more information on how examiners evaluate whether a judicial exception is integrated into a practical application. The update also addresses the examiner’s responsibility to provide adequate notice to applicants in making a subject matter eligibility rejection. In addition to the written explanations described above, the update includes additional helpful examples in the life sciences and data processing areas. It also includes an updated index of examples for use with the 2019 PEG and an updated case law chart that lists selected eligibility cases from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

The October 2019 Update materials are available to the public on the Subject Matter Eligibility page of the USPTO website. Feedback on the update or on any patent eligibility issue is welcome on an ongoing basis. Instructions for submitting feedback, and more information on the public comments, are available on our Subject Matter Eligibility page.

Source: USPTO

    • September 2020
      Mon Tue Wed Thu Fri Sat Sun
      « Aug    
       123456
      78910111213
      14151617181920
      21222324252627
      282930  
  • IP4all Weekly Bulletin

    You can subscribe to the weekly IP4ALL Bulletin.

  • IP Consulting Ltd. - Intellectual Property Consulting Agency
  • Landmark-TP
  • Ivan Georgiev - Rembrand
  • Global IP Attorneys - The world's leading address guide for patent,  trademark, copyright, intellectual property and IP attorneys. In just a few steps you can find your agency for registration and protection of your intellectual property, patent, design, copyright or trademark.
  • The Professional Sector Network is a referral and networking group that caters exclusively to leading firms with a history of excellence in the business, advisory and investment sectors.
  • IP Basis®

  • IP Guide®

  • Become our partners