InsideCounsel: Labor: A Look at the USPTO's Examples for Patent Eligibility

Articles / Publications

This article is the second installment of a three-part series examining the USPTO's Interim Guidance on Patent Subject Matter Eligibility. The first installment describes the Interim Guidelines' implementation of the Supreme Court's two-part test for determining patent eligibility. Now, we will review examples published by the USPTO of patent-eligible and patent-ineligible claims.

The Interim Guidelines include examples of what constitutes a patent-ineligible law of nature, natural phenomenon and abstract idea, as well as examples of how the two-step test would be applied to claims of several Supreme Court and Federal Circuit cases addressing patent eligibility. On Jan. 27, 2015, the USPTO issued additional examples illustrating how hypothetical claims would be analyzed under the Interim Guidelines. These provide helpful guidance on navigating Section 101 rejections before the USPTO.

To view the full article from, please click here.

Related Professionals

Jump to Page
Arrow icon Top

Contact Us

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.