USPTO Publishes New (And Largely Improved) Guidance For Subject Matter Eligibility

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Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo , Myriad , and Alice Supreme Court decisions.

United States Intellectual Property

Today the USPTO published its much heralded revised 2014 Interim Guidance on Patent Subject Matter Eligibility under 35 U.S.C. § 101 in view of the Mayo , Myriad , and Alice Supreme Court decisions.

The December 2014 Guidance was generated in response to pressure from the patent community following the March 4, 2014, release of the first Guidance, and significantly relaxes the USPTO's earlier stance on § 101 determinations. The December 2014 Guidance is also meant to "supplement" the June 25, 2014, Preliminary Examination Instructions in view of the Supreme Court decision in Alice. While not binding law, the December 2014 Guidance will be followed by most USPTO Examiners.

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