USPTO Launches Program To Defer Subject Matter Eligibility Responses

Starting February 1, 2022, the U.S. Patent and Trademark Office (USPTO) will begin inviting selected applicants to participate in a pilot program to defer subject matter eligibility examination until final disposition of the application or all other rejections have been addressed. The theory behind the program appears to be that satisfaction of other patentability conditions (e.g., novelty, non-obviousness, and written description) may resolve subject matter eligibility issues as well. Continuation and divisional applications, reissue applications, and applications accorded special status (such as Fast- Track applications) are not eligible for the program. Applications must raise both subject matter eligibility rejections and non-subject matter eligibility rejections to be eligible.