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ARTICLE · 03 AUGUST 2015

USPTO Issues July 2015 Updated Guidance On Subject Matter Eligibility Analysis

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The July 2015 Update on Subject Matter Eligibility identified six major themes from the comments received responsive to the 2014 Interim Guidance.

United StatesIntellectual Property
Foley & Lardner
Foley & Lardner
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On July 30, 2015, the United States Patent and Trademark Office (USPTO) issued updated guidance regarding subject matter eligibility analysis to address six major themes from comments received in response to the 2014 Interim Guidance on Subject Matter Eligibility and seven additional examples of applying the subject matter eligibility analysis to claims in the business method, user interface, software, and mechanical arts. The six major themes addressed concerns from the public about: (1) additional examples for claims directed to abstract ideas, (2) clarification of the "markedly different characteristics" (MDC) analysis, (3) additional information on how examiners identify abstract ideas, (4) clarification of how a prima facie case is established and the role of evidence, (5) elucidation on how the interim guidelines were applied in the examining corps, and (6) explanation of the role of preemption for the eligibility analysis. The additional examples provided several

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