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ARTICLE · 19 MAY 2014

Update From The May 9, 2014 USPTO Patent Eligibility Guidelines Forum

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On May 9, 2014, the USPTO hosted a forum to receive public feedback on the patent subject matter eligibility guidance for examiners circulated on March 4, 2014.

United StatesIntellectual Property
Courtenay Brinckerhoff
Courtenay Brinckerhoff
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On May 9, 2014, the USPTO hosted a forum to receive public feedback on the patent subject matter eligibility guidance for examiners circulated on March 4, 2014. The USPTO heard formal presentations from ten speakers (including myself) and comments from audience members. Most speakers suggested alternative approaches to applying the Supreme Court's "product of nature" and "law of nature" jurisprudence, and emphasized the dire consequence that the guidance could have on investment and innovation in the chemical, biotechnology and pharmaceutical industries. 

While I expect the guidance to be modified eventually, one of my concerns is what to do in the meantime. Here are five points I came away with on that issue:

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