USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim "reciting or involving laws of nature/natural principles, natural phenomena, and/or natural products." The guidelines include a general framework for analyzing such claims for patent subject matter eligibility and examples applying the framework to sample claims. The guidelines do not apply to claims that raise "abstract idea" issues, but are similar to the guidelines prepared for such claims under Bilski in that they include lists of factors that weigh towards and against patent eligibility. All practitioners and interested stakeholders should study the guidelines. Here I start with an overview of key points of the guidelines.