June 2016

Subject Matter Eligibility - May 2016 Update

By: Sandra King & Tom Powers  |   June 6, 2016

On May 4, 2016, the USPTO issued a memorandum to Examiners on the topic of “Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection.” The memorandum addressed how examiners should formulate a subject matter eligibility rejection under 35 U.S.C. § 101 as well as how examiners should evaluate an applicant’s response to a § 101 rejection. The main purpose of the memorandum was to assist examiners in applying the 2014 Interim Guidance on Patent Subject Matter Eligibility as well as the July 2015 Update: Subject Matter Eligibility.