Notice of Forum on the Guidance For Determining Subject Matter Eligibility of Claims Reciting or Involving Laws of Nature, Natural Phenomena, and Natural Products, 21736-21738 [2014-08759]
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
collected legally from any species of
cetaceans and pinnipeds, except walrus,
for the purposes of scientific research
including studies on taxonomy, genetic
diversity, population structure,
abundance and individual movement of
cetaceans and pinnipeds. No takes of
live animals, direct or indirect, are
authorized by the permit. The permit
expires on February 28, 2019.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
As required by the ESA, issuance of
this permit was based on a finding that
such permit: (1) Was applied for in good
faith; (2) will not operate to the
disadvantage of such endangered
species; and (3) is consistent with the
purposes and policies set forth in
section 2 of the ESA.
Dated: April 8, 2014.
Tammy C. Adams,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–08764 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Evaluation of State Coastal
Management Programs
National Oceanic and
Atmospheric Administration (NOAA),
Office of Ocean and Coastal Resource
Management, National Ocean Service,
Commerce.
ACTION: Notice of intent to evaluate.
The NOAA Office of Ocean
and Coastal Resource Management
(OCRM) announces its intent to evaluate
the performance of the Massachusetts,
Texas, and Michigan Coastal
Management Programs.
The Coastal Zone Management
Program evaluations will be conducted
pursuant to section 312 of the Coastal
Zone Management Act of 1972, as
amended (CZMA) and regulations at 15
CFR part 923, Subpart L. The CZMA
requires continuing review of the
performance of states with respect to
coastal program implementation.
Evaluation of a Coastal Management
Program requires findings concerning
the extent to which a state has met the
national objectives, adhered to its
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SUMMARY:
19:23 Apr 16, 2014
Copies of each state’s most
recent performance report, as well as
OCRM’s evaluation notification letter to
the state, are available upon request
from OCRM. Written comments from
interested parties regarding these
programs are encouraged and will be
accepted until June 6, 2014 for the
Michigan Coastal Management Program
and June 13, 2014 for the Massachusetts
and Texas Coastal Management
Programs. Please direct written
comments to Carrie Hall, Evaluator,
National Policy and Evaluation
Division, Office of Ocean and Coastal
Resource Management, NOS/NOAA,
1305 East-West Highway, 10th Floor,
N/ORM7, Silver Spring, Maryland
20910, or Carrie.Hall@noaa.gov.
ADDRESSES:
AGENCY:
VerDate Mar<15>2010
Coastal Management Program document
approved by the Secretary of Commerce,
and adhered to the terms of financial
assistance awards funded under the
CZMA.
The evaluations will include a public
meeting, consideration of written public
comments and consultations with
interested Federal, state, and local
agencies and members of the public.
When the evaluation is completed,
OCRM will place a notice in the Federal
Register announcing the availability of
the Final Evaluation Findings. Notice is
hereby given of the date, local time, and
location of the public meeting.
Date and Time: The Massachusetts
Coastal Management Program public
meeting will be held on Thursday, June
5th at 4:30 p.m. local time at the
Executive Office of Energy and
Environmental Affairs, 2nd Floor
Conference Room D, 100 Cambridge
Street, Boston, Massachusetts 02114. A
picture ID is required for building entry.
The Michigan Coastal Management
Program public meeting will be held on
Wednesday, June 4th, at 5:00 p.m. local
time at Lansing Community CollegeWest Campus, 5708 Cornerstone Drive,
Room M119—Section 1, Lansing,
Michigan, 48917.
The Texas Coastal Management
Program public meeting will be held on
Wednesday, June 4th, at 5:00 p.m. local
time at Texas A&M University—Corpus
Christi Natural Resources Center, 6300
Ocean Drive, Room 1003, Corpus
Christi, Texas 78412.
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FOR FURTHER INFORMATION CONTACT:
Carrie Hall, Evaluator, National Policy
and Evaluation Division, Office of
Ocean and Coastal Resource
Management, NOS/NOAA, 1305 EastWest Highway, 10th Floor, N/ORM7,
Silver Spring, Maryland 20910, (301)
563–1135, or Carrie.Hall@noaa.gov.
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(Federal Domestic Assistance Catalog 11.419
Coastal Zone Management Program
Administration)
Dated: April 11, 2014.
Christopher C. Cartwright,
Associate Assistant Administrator for
Management and CFO/CAO, Ocean Services,
and Coastal Zone Management National,
Oceanic and Atmospheric Administration.
[FR Doc. 2014–08723 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–08–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2014–0024]
Notice of Forum on the Guidance For
Determining Subject Matter Eligibility
of Claims Reciting or Involving Laws of
Nature, Natural Phenomena, and
Natural Products
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of public meeting.
AGENCY:
The United States Patent and
Trademark Office (Office) is hosting a
forum to receive public feedback from
organizations and individuals on its
guidance memorandum titled,
‘‘Guidance For Determining Subject
Matter Eligibility of Claims Reciting or
Involving Laws of Nature, Natural
Phenomena, and Natural Products
(Laws of Nature/Natural Products
Guidance),’’ issued on March 4, 2014
and available at www.uspto.gov/patents/
announce/myriad-mayo.jsp. The Laws
of Nature/Natural Products Guidance
implemented a new procedure to
address changes in the law relating to
subject matter eligibility under 35
U.S.C. 101 in view of recent Supreme
Court precedent. The forum will be
open for any member of the public to
participate. The forum will provide an
opportunity for participants to present
their interpretation of the impact of
Supreme Court precedent on the
complex legal and technical issues
involved in subject matter eligibility
analyses during patent examination.
Participants who believe that the
Supreme Court decisions could be
implemented in an alternative manner
from the approach taken in the Laws of
Nature/Natural Products Guidance
should use the forum to present their
alternative approach and the legal
rationale for the alternative. The forum
also can be used by participants to
suggest additional examples for use by
the Office to create a more complete
picture of the impact of Supreme Court
precedent on subject matter eligibility.
SUMMARY:
E:\FR\FM\17APN1.SGM
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
Event: The forum will be held on
May 9, 2014, beginning at 1:00 p.m.
Eastern Daylight Time (EDT), and
ending at 4:00 p.m. EDT.
Registration: Registration is required
to attend the forum in person or via
webcast. Additionally, members of the
public who wish to participate in the
forum as a speaker must do so by
request in writing no later than April 25,
2014. See the ‘‘Registration
Information’’ section of this notice for
additional details on how to register.
ADDRESSES: Event: The forum will be
held in the Madison Auditorium North
on the concourse level of the Madison
Building, which is located at 600
Dulany Street, Alexandria, Virginia
22314.
Comments: Any member of the
public, whether attending the forum or
not, may submit written comments for
consideration by the Office. There is no
deadline for receipt of written
comments. Persons submitting written
comments should note that the Office
will not necessarily provide a response.
Written comments should be sent by
electronic mail addressed to myriadmayo_2014@uspto.gov. Comments also
may be submitted by mail addressed to:
Mail Stop Comments—Patents,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450,
marked to the attention of Raul Tamayo.
Although comments may be submitted
by mail, the Office prefers to receive
comments via the Internet.
Comments will be available via the
Office’s Internet Web site at https://
www.uspto.gov/patents/announce/
myriad-mayo.jsp. Because comments
will be available for public inspection,
information that is not desired to be
made public, such as an address or
phone number, should not be included
in the comments.
Event Registration Information: There
is no fee to register for the forum, and
registration will be on a first-come, firstserved basis. Members of the public
who would like to be considered to
participate in the forum as a speaker
must do so by request in writing no later
than April 25, 2014. Registration on the
day of the forum will be permitted for
members of the public who wish solely
to observe on a space-available basis
beginning 30 minutes before the forum.
To register, please send an email
message to myriad-mayo_2014@
uspto.gov and provide the following
information: (1) Your name, title, and if
applicable, company or organization,
address, phone number, and email
address; (2) whether you wish to attend
in person or via webcast; and (3) if you
wish to make an oral presentation at the
TKELLEY on DSK3SPTVN1PROD with NOTICES
DATES:
VerDate Mar<15>2010
17:28 Apr 16, 2014
Jkt 232001
forum, the specific topic you intend to
address, and the approximate desired
length of your presentation. Each
attendee, even if from the same
organization, must register separately.
Due to time constraints, there is the
potential that not all persons who wish
to make a presentation will be
accommodated. After reviewing the list
of potential speakers and the
information regarding the presentations
provided in the registration, the Office
plans to select speakers in a manner that
ensures that the Office is receiving a
balanced array of views. The Office will
contact each selected speaker prior to
the event with the amount of time
available and the approximate time that
the speaker’s presentation is scheduled
to begin. The amount of time available
for each presentation may be limited to
ensure that all persons selected to speak
will have a meaningful chance to do so.
Speakers must send the final electronic
copies of their presentations in
Microsoft PowerPoint or Microsoft
Word to myriad-mayo_2014@uspto.gov
by April 25, 2014, so that the
presentation can be displayed at the
forum. If time permits, the Office will
provide an opportunity for persons in
the audience not previously selected as
speakers to speak at the forum without
a formal presentation.
The Office plans to make the forum
available via webcast. Webcast
information, as well as a list of forum
participants and their associations, will
be available on the Office’s Internet Web
site before the forum at https://
www.uspto.gov/patents/announce/
myriad-mayo.jsp.
If special accommodations due to a
disability are needed, please inform the
contact person(s) identified below.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
regarding the forum should be directed
to Raul Tamayo, Senior Legal Advisor,
Office of Patent Legal Administration,
by telephone at 571–272–7728, or by
email to raul.tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION: The Office
issued the Laws of Nature/Natural
Products Guidance on March 4, 2014
and made it available via the Office’s
Internet Web site at https://
www.uspto.gov/patents/announce/
myriad-mayo.jsp. The Laws of Nature/
Natural Products Guidance states that it
is for use in subject matter eligibility
determinations of all claims (i.e.,
machine, composition, manufacture,
and process claims) reciting or
involving laws of nature/natural
principles, natural phenomena, and/or
natural products. The Laws of Nature/
Natural Products Guidance addresses
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21737
the impact of Association for Molecular
Pathology v. Myriad Genetics, Inc.1
(Myriad) on the Supreme Court’s longstanding ‘‘rule against patents on
naturally occurring things,’’ as
expressed in its earlier precedent
including Diamond v. Chakrabarty 2
(Chakrabarty), and Mayo Collaborative
Services v. Prometheus Laboratories,
Inc.3 (Mayo). Links to copies of these
Supreme Court decisions, as well as a
link to the Supreme Court’s decision in
Funk Brothers Seed Co. v. Kalo
Inoculant Co.,4 are available at https://
www.uspto.gov/patents/announce/
myriad-mayo.jsp.
Since releasing the Laws of Nature/
Natural Products Guidance, the Office
has provided a first round of training for
the examiners in Technology Centers
(TCs) most likely to be impacted by the
Laws of Nature/Natural Products
Guidance (e.g., TC 1600 and 1700). The
slides used to train the examiners are
available at https://www.uspto.gov/
patents/announce/myriad-mayo.jsp.
The Office is currently working on
developing a second round of more indepth examiner training. In addition,
the Office established an email box
(myriad-mayo_2014@uspto.gov) for
members of the public to provide
feedback on any aspect of the Laws of
Nature/Natural Products Guidance
rollout, including the Laws of Nature/
Natural Products Guidance document
itself and the training slides.
The forum will provide a more direct
opportunity for members of the public
to present their interpretation of the
impact of the Supreme Court’s decisions
in, e.g., Myriad, Mayo, Chakrabarty, and
Funk on the complex legal and technical
issues involved in subject matter
eligibility analyses during patent
examination. The Office would like for
members of the public who believe that
the Supreme Court decisions could be
implemented in an alternative manner
from the approach taken in the Laws of
Nature/Natural Products Guidance to
use the forum to present their
alternative approach and the legal
rationale for the alternative. The forum
also can be used by the public to suggest
additional examples for use by the
Office to create a more complete picture
of the impact of Supreme Court
precedent on subject matter eligibility.
The Office will carefully consider all
feedback it receives.
1 569 U.S. __, 133 S. Ct. 2107, 106 USPQ2d 1972
(2013).
2 447 U.S. 303 (1980).
3 566 U.S. __, 132 S. Ct. 1289, 101 USPQ2d 1961
(2012).
4 333 U.S. 127 (1948).
E:\FR\FM\17APN1.SGM
17APN1
21738
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Notices
Dated: April 11, 2014.
Michelle K. Lee,
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of
the United States Patent and Trademark
Office.
[FR Doc. 2014–08759 Filed 4–16–14; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2012–HA–0145]
Office of the Assistant
Secretary of Defense for Health Affairs,
DoD.
ACTION: Notice.
AGENCY:
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Assistant Secretary of Defense for
Health Affairs announces a proposed
public information collection and seeks
public comment on the provisions
thereof. Comments are invited on: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed
information collection; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Consideration will be given to all
comments received by June 16, 2014.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, Suite 02G09, Alexandria,
VA 22350–3100.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
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VerDate Mar<15>2010
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DEPARTMENT OF DEFENSE
FOR FURTHER INFORMATION CONTACT:
To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to the TRICARE
Management Activity Program, Policy
and Benefits Branch, ATTN: Mr. Mark
Ellis, Defense Health Agency (DHA)
7700 Arlington Blvd., Suite 5101, Falls
Church, VA 22042–5101, Phone: 703–
681–0063.
SUPPLEMENTARY INFORMATION:
Proposed Collection; Comment
Request
SUMMARY:
personal identifiers or contact
information.
Title; Associated Form; and OMB
Number: Continued Health Care Benefit
Program, DD Form 2837; OMB Control
Number: 0720–TBD: Previously cleared
under 0704–0364.
Needs and Uses: The continuing
information collection requirement is
necessary for individuals to apply for
enrollment in the Continued Health
Care Benefit Program (CHCBP). The
CHCBP is a program of temporary health
care benefit coverage that is made
available to eligible individuals who
lose health care coverage under the
Military Health System (MHS).
Affected Public: Individuals or
Households.
Annual Burden Hours: 625.
Number of Respondents: 2500.
Responses per Respondent: 1.
Total Annual Responses: 2500.
Average Burden per Response: 15
minutes.
Frequency: On occasion.
Respondents are individuals who are
or were beneficiaries of the Military
Health System (MHS) and who desire to
enroll in the CHCBP following their loss
of eligibility or entitlement to health
care coverage in the MHS. These
beneficiaries include any person
formerly eligible for care from the MHS
according to Chapter 55 or Section
1145a of Title 10, United States Code. In
order to be eligible for health care
coverage under CHCBP, an individual
must first enroll in CHCBP. DD Form
2837 is used as the information
collection vehicle for that enrollment.
The CHCBP is a legislatively mandated
program and it is anticipated that the
program will continue indefinitely. As
such, the DoD is publishing this formal
notice.
Dated: April 14, 2014.
Aaron Siegel,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 2014–08718 Filed 4–16–14; 8:45 am]
BILLING CODE 5001–06–P
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Office of the Secretary
Renewal of Department of Defense
Federal Advisory Committees
Department of Defense (DoD).
Renewal of Federal Advisory
Committee.
AGENCY:
ACTION:
The Department of Defense is
publishing this notice to announce that
it is renewing the charter for the Defense
Advisory Committee on Women in the
Services (‘‘the Committee’’).
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, Advisory Committee
Management Officer for the Department
of Defense, 703–692–5952.
SUPPLEMENTARY INFORMATION: This
committee’s charter is being renewed
under the provisions of the Federal
Advisory Committee Act of 1972 (5
U.S.C. Appendix, as amended), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b) (‘‘the Sunshine
Act’’), and 41 CFR 102–3.50(d).
The Committee is a discretionary
Federal advisory committee that shall
provide the Secretary of Defense,
through the Under Secretary of Defense
for Personnel and Readiness
(USD(P&R)), independent advice and
recommendations on matters and
policies relating to women in the Armed
Forces of the United States.
The Committee shall report to the
Secretary of Defense and the Deputy
Secretary of Defense through the
USD(P&R). The USD(P&R) may act upon
the Committee’s advice and
recommendations.
The DoD, through the Office of the
USD(P&R), shall provide support, as
deemed necessary, for the Committee’s
performance and functions, and shall
ensure compliance with the
requirements of the FACA, the Sunshine
Act, governing Federal statutes and
regulations, and established DoD
policies and procedures.
The Committee shall be comprised of
no more than 20 members who are
appointed by the Secretary or the
Deputy Secretary of Defense and who
have experience with the military or
with women’s workforce issues. The
Secretary or Deputy Secretary of
Defense shall select and appoint the
Committee’s chair from the total
membership. All Committee member
appointments must be renewed by the
Secretary or Deputy Secretary of
Defense on an annual basis.
The Secretary or Deputy Secretary of
Defense may appoint the Director of the
Center for Women Veterans for the
Department of Veterans Affairs to serve
SUMMARY:
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Agencies
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Notices]
[Pages 21736-21738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08759]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2014-0024]
Notice of Forum on the Guidance For Determining Subject Matter
Eligibility of Claims Reciting or Involving Laws of Nature, Natural
Phenomena, and Natural Products
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (Office) is
hosting a forum to receive public feedback from organizations and
individuals on its guidance memorandum titled, ``Guidance For
Determining Subject Matter Eligibility of Claims Reciting or Involving
Laws of Nature, Natural Phenomena, and Natural Products (Laws of
Nature/Natural Products Guidance),'' issued on March 4, 2014 and
available at www.uspto.gov/patents/announce/myriad-mayo.jsp. The Laws
of Nature/Natural Products Guidance implemented a new procedure to
address changes in the law relating to subject matter eligibility under
35 U.S.C. 101 in view of recent Supreme Court precedent. The forum will
be open for any member of the public to participate. The forum will
provide an opportunity for participants to present their interpretation
of the impact of Supreme Court precedent on the complex legal and
technical issues involved in subject matter eligibility analyses during
patent examination. Participants who believe that the Supreme Court
decisions could be implemented in an alternative manner from the
approach taken in the Laws of Nature/Natural Products Guidance should
use the forum to present their alternative approach and the legal
rationale for the alternative. The forum also can be used by
participants to suggest additional examples for use by the Office to
create a more complete picture of the impact of Supreme Court precedent
on subject matter eligibility.
[[Page 21737]]
DATES: Event: The forum will be held on May 9, 2014, beginning at 1:00
p.m. Eastern Daylight Time (EDT), and ending at 4:00 p.m. EDT.
Registration: Registration is required to attend the forum in
person or via webcast. Additionally, members of the public who wish to
participate in the forum as a speaker must do so by request in writing
no later than April 25, 2014. See the ``Registration Information''
section of this notice for additional details on how to register.
ADDRESSES: Event: The forum will be held in the Madison Auditorium
North on the concourse level of the Madison Building, which is located
at 600 Dulany Street, Alexandria, Virginia 22314.
Comments: Any member of the public, whether attending the forum or
not, may submit written comments for consideration by the Office. There
is no deadline for receipt of written comments. Persons submitting
written comments should note that the Office will not necessarily
provide a response. Written comments should be sent by electronic mail
addressed to myriad-mayo_2014@uspto.gov. Comments also may be
submitted by mail addressed to: Mail Stop Comments--Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450,
marked to the attention of Raul Tamayo. Although comments may be
submitted by mail, the Office prefers to receive comments via the
Internet.
Comments will be available via the Office's Internet Web site at
https://www.uspto.gov/patents/announce/myriad-mayo.jsp. Because comments
will be available for public inspection, information that is not
desired to be made public, such as an address or phone number, should
not be included in the comments.
Event Registration Information: There is no fee to register for the
forum, and registration will be on a first-come, first-served basis.
Members of the public who would like to be considered to participate in
the forum as a speaker must do so by request in writing no later than
April 25, 2014. Registration on the day of the forum will be permitted
for members of the public who wish solely to observe on a space-
available basis beginning 30 minutes before the forum.
To register, please send an email message to myriad-mayo_2014@uspto.gov and provide the following information: (1) Your name,
title, and if applicable, company or organization, address, phone
number, and email address; (2) whether you wish to attend in person or
via webcast; and (3) if you wish to make an oral presentation at the
forum, the specific topic you intend to address, and the approximate
desired length of your presentation. Each attendee, even if from the
same organization, must register separately.
Due to time constraints, there is the potential that not all
persons who wish to make a presentation will be accommodated. After
reviewing the list of potential speakers and the information regarding
the presentations provided in the registration, the Office plans to
select speakers in a manner that ensures that the Office is receiving a
balanced array of views. The Office will contact each selected speaker
prior to the event with the amount of time available and the
approximate time that the speaker's presentation is scheduled to begin.
The amount of time available for each presentation may be limited to
ensure that all persons selected to speak will have a meaningful chance
to do so. Speakers must send the final electronic copies of their
presentations in Microsoft PowerPoint or Microsoft Word to myriad-mayo_2014@uspto.gov by April 25, 2014, so that the presentation can be
displayed at the forum. If time permits, the Office will provide an
opportunity for persons in the audience not previously selected as
speakers to speak at the forum without a formal presentation.
The Office plans to make the forum available via webcast. Webcast
information, as well as a list of forum participants and their
associations, will be available on the Office's Internet Web site
before the forum at https://www.uspto.gov/patents/announce/myriad-mayo.jsp.
If special accommodations due to a disability are needed, please
inform the contact person(s) identified below.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
regarding the forum should be directed to Raul Tamayo, Senior Legal
Advisor, Office of Patent Legal Administration, by telephone at 571-
272-7728, or by email to raul.tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION: The Office issued the Laws of Nature/Natural
Products Guidance on March 4, 2014 and made it available via the
Office's Internet Web site at https://www.uspto.gov/patents/announce/myriad-mayo.jsp. The Laws of Nature/Natural Products Guidance states
that it is for use in subject matter eligibility determinations of all
claims (i.e., machine, composition, manufacture, and process claims)
reciting or involving laws of nature/natural principles, natural
phenomena, and/or natural products. The Laws of Nature/Natural Products
Guidance addresses the impact of Association for Molecular Pathology v.
Myriad Genetics, Inc.\1\ (Myriad) on the Supreme Court's long-standing
``rule against patents on naturally occurring things,'' as expressed in
its earlier precedent including Diamond v. Chakrabarty \2\
(Chakrabarty), and Mayo Collaborative Services v. Prometheus
Laboratories, Inc.\3\ (Mayo). Links to copies of these Supreme Court
decisions, as well as a link to the Supreme Court's decision in Funk
Brothers Seed Co. v. Kalo Inoculant Co.,\4\ are available at https://www.uspto.gov/patents/announce/myriad-mayo.jsp.
---------------------------------------------------------------------------
\1\ 569 U.S. ----, 133 S. Ct. 2107, 106 USPQ2d 1972 (2013).
\2\ 447 U.S. 303 (1980).
\3\ 566 U.S. ----, 132 S. Ct. 1289, 101 USPQ2d 1961 (2012).
\4\ 333 U.S. 127 (1948).
---------------------------------------------------------------------------
Since releasing the Laws of Nature/Natural Products Guidance, the
Office has provided a first round of training for the examiners in
Technology Centers (TCs) most likely to be impacted by the Laws of
Nature/Natural Products Guidance (e.g., TC 1600 and 1700). The slides
used to train the examiners are available at https://www.uspto.gov/patents/announce/myriad-mayo.jsp. The Office is currently working on
developing a second round of more in-depth examiner training. In
addition, the Office established an email box (myriad-mayo_2014@uspto.gov) for members of the public to provide feedback on any
aspect of the Laws of Nature/Natural Products Guidance rollout,
including the Laws of Nature/Natural Products Guidance document itself
and the training slides.
The forum will provide a more direct opportunity for members of the
public to present their interpretation of the impact of the Supreme
Court's decisions in, e.g., Myriad, Mayo, Chakrabarty, and Funk on the
complex legal and technical issues involved in subject matter
eligibility analyses during patent examination. The Office would like
for members of the public who believe that the Supreme Court decisions
could be implemented in an alternative manner from the approach taken
in the Laws of Nature/Natural Products Guidance to use the forum to
present their alternative approach and the legal rationale for the
alternative. The forum also can be used by the public to suggest
additional examples for use by the Office to create a more complete
picture of the impact of Supreme Court precedent on subject matter
eligibility. The Office will carefully consider all feedback it
receives.
[[Page 21738]]
Dated: April 11, 2014.
Michelle K. Lee,
Deputy Under Secretary of Commerce for Intellectual Property and Deputy
Director of the United States Patent and Trademark Office.
[FR Doc. 2014-08759 Filed 4-16-14; 8:45 am]
BILLING CODE 3510-16-P