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ARTICLE · 05 AUGUST 2015

USPTO Updates Guidance On Subject Matter Eligibility

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On July 30, 2015, the United States Patent & Trademark Office (USPTO) published an update to its 2014 Interim Guidance on Subject Matter Eligibility (2014 IEG) published on December 16, 2014.

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[For background, see our prior posts on July 2, 2014, August 5, 2014, December 18, 2014, and March 23, 2015.]

On July 30, 2015, the United States Patent & Trademark Office (USPTO) published an update to its 2014 Interim Guidance on Subject Matter Eligibility (2014 IEG) published on December 16, 2014.1 Comments to the 2014 IEG were solicited from the public, and the update purports to respond to six major themes from the public comments, including

  • requests for additional examples, particularly for claims directed to abstract ideas and laws of nature;
  • further explanation of the markedly different characteristics (MDC) analysis;
  • further information regarding how examiners identify abstract ideas;

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