USPTO Puts Mark On Patentable Subject Matter Test

Law360, New York (September 4, 2009, 12:15 PM EDT) -- The U.S. Patent and Trademark Office recently provided patent examiners with new “Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101” (“interim guidelines”)[1].

These interim guidelines should result in more uniform examination of software and business method claims under the machine/ transformation test of the Federal Circuit’s Bilski decision, until the Supreme Court decides the pending appeal of that decision.

Additionally, the USPTO has rejected aspects of a controversial federal district court decision that threatened the validity of hundreds of previously patented...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.