USPTO Releases Examples For Interim Examination Guidelines For Determining Patent Eligibility Under 35 U.S.C. § 101

On January 27, 2015, the U.S. Patent & Trademark Office (USPTO) released examples to supplement the 2014 Interim Guidance on Patent Subject Matter Eligibility (the interim guidelines), which were released in December 2014.  The USPTO cautioned that the examples were intended to be illustrative only, and that other fact patterns may have different eligibility outcomes.

The examples used the two-step analysis disclosed in the interim guidelines.  Step 1 determines whether the claim is directed to one of the four statutory categories, i.e., a process, machine, manufacture, or composition.  Step 2 is a two-part analysis.  In Step 2A, the examiner determines whether the claim is directed to any of the judicially recognized exceptions (laws of nature, natural phenomena and abstract ideas).  If no, the claim is eligible and examination should continue for patentability.  If yes, the examiner proceeds to Step 2B to analyze whether the claim as a whole amounts to