Deputy Commissioner to Discuss 101 Guidelines

The USPTO is hosting a Boardside Chat webinar today from noon to 1 p.m. ET to discuss the new guidance on patent eligible subject matter under 35 U.S.C. 101. Deputy Commissioner for Patent Examination Policy Robert Bahr and Lead Judge Mike Kim will present.

The webinar is free and

Senate/House Outline Follows USPTO’s Top-Down Approach

The USPTO released Revised Guidance on Patent Eligibility Under 35 U.S.C. § 101 back in January. The Guidelines simplified the case law by presenting a top-down approach to distill the morass of case law on abstract ideas into a list of exempted categories.

Under its new Guidleines, if a patented claim was not directed to an exempt category, the the claims passed muster. If the claim is directed to an enumerated category, a practical application analysis is then performed, and if satisfied, the claims still pass 101 scrutiny. The result is a more patent friendly, and manageable analysis….at least at the USPTO.

Since introduction of the Guidelines, however, the Courts have declined to show them deference. Yet, Congress appears poised to enact legislation to forcibly align the Courts with the agency 101 Guidelines.
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101 Guidance To Relax Patentability Standard?

Today, the USPTO announced revised guidance for subject matter eligibility under 35 U.S.C. § 101 (here). The USPTO also announced guidance on the application of 35 U.S.C. § 112 to computer-implemented inventions (here). The documents will be published in the Federal Register on Monday, January

USPTO & Congress to Tackle 101

As we close out 2018, there may be some hope on the horizon for those confounded by the current state of patent eligibility determinations under 35 U.S.C. § 101.

On the legislative side, Senators Coons (D-Del) and Thom Tillis (R-N.C.) will host a closed-door meeting tomorrow, Dec. 12th, to