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ARTICLE · 26 MARCH 2014

USPTO Releases Examiner Post-"Myriad" Training Slides – Points To Ponder

The United States Patent and Trademark Office published its examiner training materials for applying "2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products".

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The United States Patent and Trademark Office (USPTO) published its examiner training materials (Training Materials) for applying "2014 Procedures For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products" (Guidance), that advised U.S. patent examiners and the public of the factors for determining whether a patent claim satisfies the U.S. Supreme Court's interpretation of 35 U.S.C. §101, as applied to products and processes that might fall under one of the judicial exceptions to patentable subject matter (see my prior posts of March 5th and March 7th for a review of the Guidance). A few points raised in the Training Materials bear close attention.

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