The United States Patent and Trademark Office (USPTO) published its examiner training materials (Training Materials) for applying ”2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products” (Guidance), that advised U.S. patent examiners and the public of the factors for determining whether a patent claim satisfies the U.S. Supreme Court’s interpretation of 35 U.S.C. §101, as applied to products and processes that might fall under one of the judicial exceptions to patentable subject matter (see my prior posts of March 5th and March 7th for a review of the Guidance). A few points raised in the Training Materials bear close attention.Notable Points to Ponder
Public Reaction to the Guidance
There has been public reaction to the Guidance, and whether or not the USPTO exceeded its authority in issuing the examination guidelines. Kevin Noonan reviewed this issue nicely in his post “Thoughts on the USPTO’s Patent Eligibility Guidelines (and What to Do About Them)“. The USPTO appears to have heard the public and is now inviting the public to comment on the Guidance. Comments can be submitted here: firstname.lastname@example.org.