Category: Patent Office Rules & Procedures

  • By Michael Borella — On December 15, the United States Patent and Trademark Office (USPTO) published its 2014 Interim Guidance on Patent Subject Matter Eligibility.  This Interim Guidance was the long-anticipated update to the Procedure for Subject Matter Eligibility Analysis of Claims Reciting or Involving Laws of Nature / Natural Principles, Natural Phenomena, and/or Natural…

  • By Donald Zuhn — Earlier today, the U.S. Patent and Trademark Office published its interim guidance regarding the examination of claims for subject matter eligibility under 35 U.S.C. § 101 (which the Office announced yesterday) in the Federal Register (79 Fed. Reg. 74618).  The Federal Register notice, entitled "2014 Interim Guidance on Patent Subject Matter…

  • By Donald Zuhn — In a conference call this morning, Drew Hirshfeld, U.S. Patent and Trademark Office Deputy Commissioner for Patent Examination Policy, announced that the USPTO would be releasing revised guidance on subject matter eligibility later today and that the guidance would be published in the Federal Register on Tuesday.  In fact, the revised…

  • By Donald Zuhn — On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35…

  • By Donald Zuhn — On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35…

  • By Donald Zuhn — Prioritized Examination Interim Rule Adopted As Final Last March, we reported on an interim rule implemented by the U.S. Patent and Trademark Office that expanded the time periods for meeting certain requirements for filing a request for Track I prioritized examination (see "USPTO to Permit Delay in Meeting Certain Prioritized Examination…

  • By Donald Zuhn — Yesterday, we reported on a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsel's Committee fall conference, which took place earlier this week in Nashville, TN, in which the U.S. Patent and Trademark Office provided a status update regarding forthcoming revisions to the Myriad-Mayo Guidance.  Also participating in the session…

  • By Donald Zuhn — During a session of the Biotechnology Industry Organization (BIO) Intellectual Property Counsels Committee (IPCC) fall conference, which took place this week in Nashville, TN, the U.S. Patent and Trademark Office provided a status update regarding forthcoming revisions to the Myriad-Mayo Guidance.  Once again representing the Office was June Cohan, Legal Advisor…

  • By Donald Zuhn — ILPO to Act as ISR and IPEA for PCT Applications Received by USPTO Last month, the U.S. Patent and Trademark Office announced that as of October 1, 2014, the Israel Patent Office (ILPO) can act as an International Searching Authority (ISR) and International Preliminary Examining Authority (IPEA) for International applications filed…

  • By Donald Zuhn — On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products" (or "Myriad-Mayo Guidance"), to implement a new procedure for determining the subject matter eligibility of claims under 35…