In Re Bilski Blog

USPTO Invites Public Comments on Patent-Eligible Subject Matter Guidelines

On August 27, the USPTO posted a notice inviting public comments on the “Interim Eligibility Instructions” for evaluating patent subject matter eligibility that were issued to patent examiners on August 24.  Comments are due by September 28.

This is getting interesting, as the new director also posted instructions to PTO staff last week that a thorough examination did not equate with just rejecting cases. 

USPTO Issues Interim Guidelines to Patent Examiners on Patent-Eligible Subject Matter

On August 24 the USPTO published interim guidelines for its patent examiners on patent-eligible subject matter under the Bilski case.  The guidelines include 8 pages of instructions and first and second accompanying flow charts.  They are interim guidelines because the U.S. Supreme Court has agreed to review the Federal Circuit decision in Bilski and has scheduled oral arguments for November 9.  The guidelines supersede instructions in the Manual of Patent Examining Procedure.

Petitioner Briefs Submitted

We will be posting more information once briefs for the Respondent are submitted on September 25, 2009.