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Expert Analysis

USPTO Guidelines Bring More Clarity To Patent Eligibility

Law360, New York (January 2, 2015, 10:51 AM EST) -- On Dec. 16, 2014, the U.S. Patent and Trademark Office published new guidelines[1] for determining patent eligibility under 35 U.S.C. § 101.[2] The patent office also provided a document with the guidelines that uses example claims to illustrate how to apply the new guidelines.[3] These guidelines and examples do not have the force of law, but nevertheless establish the specific procedures that the examiners apply during examination of patent applications. These guidelines are effective immediately and explicitly supersede the previous guidelines regarding nature-based products.[4],[5]...

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