New USPTO Guidance Has Fewer Limits On Patent Eligibility

Law360, New York (December 15, 2014, 7:06 PM EST) -- The U.S. Patent and Trademark Office released new patent-eligibility guidelines for examiners on Monday, and attorneys say that compared to a controversial earlier version of the guidance, the office has significantly scaled back restrictions on what is patent-eligible.

The USPTO was met with a barrage of criticism when it unveiled the previous guidelines in March on how examiners should evaluate patents related to natural products, in response to the U.S. Supreme Court decisions known as Myriad and Mayo.

Many attorneys and industry groups argued in public comments and at a contentious hearing that the recommendations went too far and could cause a...

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