Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 03 AUGUST 2015

USPTO Provides Meaningful Direction On Patentable Subject Matter Eligibility

Barnes & Thornburg LLP
Explore more from Barnes & Thornburg LLP

The U.S. Patent and Trademark Office (USPTO) published a Notice on July 30 updating procedures for determining patent eligible subject matter under 35 U.S.C. §101 with a request for public comments.

United StatesIntellectual Property
Barnes & Thornburg'S Intellectual Property Law Department
Barnes & Thornburg'S Intellectual Property Law Department
Author LinkedIn connections

The U.S. Patent and Trademark Office (USPTO) published a Notice on July 30 updating procedures for determining patent eligible subject matter under 35 U.S.C. §101 with a request for public comments. Included in the Notice (hereafter July 2015 Update) is a series of appendices that provide new examples and guidance that may be used by both examiners and patent applicants to determine subject matter eligibility.

The July 2015 Update is particularly focused on analysis of abstract ideas, particularly in the business method, Graphical User Interface and software areas. The USPTO has indicated that a similar notice with examples in the biotechnology area, especially diagnostic and other method claims directed to laws of nature and natural phenomena, is presently being prepared and will take into account recent judicial developments regarding those areas.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

OFAC Broadens Cuba Sanctions And Restricts Payments And Travel

The U.S. Treasury Department's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, introducing a new regulatory framework that extends restrictions beyond U.S. persons to foreign entities and financial institutions. These measures eliminate key banking authorizations, expand transaction prohibitions to include intermediary payments, and significantly narrow travel permissions, creating new compliance challenges for businesses operating in or through Cuba-related channels.
United StatesGovernment, Public Sector
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

IEEPA Tariff Refunds: Critical Developments, Phase III Delays, And Action Steps For Importers

U.S. Customs and Border Protection has begun processing IEEPA tariff refunds through its CAPE system, but Phase III covering finally liquidated entries faces delays and requires court orders. With the Department of Justice appealing the universal refund order and class certification pending, importers with finally liquidated entries may need to file individual lawsuits at the Court of International Trade to preserve their claims before statutory deadlines expire.
United StatesInternational Law
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

New York State Minimum Wage Increase Halted For 2027; Governor Proposes March Hike

New York's minimum wage will hold steady at current rates through early 2027, but Governor Hochul has proposed legislation that would tie future increases to inflation beginning March 1, 2027. Home care workers will see immediate wage increases to $19-$20 per hour starting January 1, 2027, while standard minimum wages remain at $16-$17 depending on location. Employers across the state should prepare now for potential legislative changes that could affect payroll systems and compensation structures.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

California Passes AB-1883 Targeting AI Workplace Surveillance Of Employees’ Emotional State And Neural Data

On Aug. 30, AB-1883 received final legislative approval and now heads to California Governor Gavin Newsom for signature or veto. If enacted, AB-1883 would prohibit employers from using workplace surveillance tools that rely on artificial intelligence (AI) to recognize, infer, or predict an employee’s emotional state, or to collect “neural data.”
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

Time To Update The Handbook And The Training Deck: Three New California Laws Affecting Employment Policies And Training

California Governor Newsom has signed three bills that will require California employers to revisit their written policies and their training programs. On the policy side, SB 1149 widens who counts as a “family member” for bereavement leave. On the training side, AB 1803 adds an anti-hate speech component to mandatory harassment prevention training starting Jan. 1, 2028.
United StatesEmployment and HR
Barnes & Thornburg LLP
Barnes & Thornburg LLP