Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility
The USPTO has released interim guidelines for determining the eligibility of subject matter for patent applications. The guidelines were published after a recent appeal (Ex parte Lundgren, Appeal No. 2003-2088 (BPAI 2005)) in which the Board of Patent Appeals and Interferences issued a precedential opinion stating that “… there is currently no judicially recognized separate “technological arts” test to determine patent eligible subject matter under ยง 101.” This decision may have the effect of eliminating the requirement that business method inventions be tied to a computer or some other electronic device.
Links: Association of Patent Law Firms.
