July 2015 Update on Subject Matter Eligibility, 45429 [2015-18628]

Download as PDF Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Rules and Regulations Patent Legal Administration, by telephone at 571–272–7728, or Michael United States Patent and Trademark Cygan, Senior Legal Advisor, Office of Office Patent Legal Administration, by telephone at 571–272–7700. 37 CFR Part 1 SUPPLEMENTARY INFORMATION: The 2014 Interim Patent Eligibility Guidance, [Docket No.: PTO–P–2015–0034] prepared for use by USPTO personnel in July 2015 Update on Subject Matter determining subject matter eligibility Eligibility under 35 U.S.C. 101, was published in the Federal Register on December 16, AGENCY: United States Patent and 2014. See 2014 Interim Guidance on Trademark Office, Commerce. Patent Subject Matter Eligibility, 79 FR ACTION: Update; Request for comments. 74618 (Dec. 16, 2014). The USPTO also sought public comment on the 2014 SUMMARY: The United States Patent and Interim Patent Eligibility Guidance, Trademark Office (USPTO) prepared along with additional suggestions on interim guidance (2014 Interim Patent claim examples for explanatory example Eligibility Guidance) for use by USPTO personnel in determining subject matter sets. The USPTO received over sixty eligibility in view of then-recent comments from the public. The public decisions by the U.S. Supreme Court (Supreme Court). The USPTO published comments include the following six major themes: (1) requests for additional the 2014 Interim Patent Eligibility examples, particularly for claims Guidance in the Federal Register, and directed to abstract ideas and laws of sought public comment on the 2014 Interim Patent Eligibility Guidance. The nature; (2) further explanation of the markedly different characteristics USPTO has since produced an update pertaining to patent subject matter analysis; (3) further information eligibility titled July 2015 Update: regarding how examiners identify Subject Matter Eligibility, which is abstract ideas; (4) discussion of the available to the public on the USPTO’s prima facie case and the role of Internet Web site, in response to the evidence with respect to eligibility public comment on the 2014 Interim rejections; (5) information regarding Patent Eligibility Guidance. The July application of the 2014 Interim Patent 2015 Update: Subject Matter Eligibility Eligibility Guidance in the Patent includes a new set of examples and Examining Corps; and (6) explanation of discussion of various issues raised by the role of preemption in the eligibility the public comments, and is intended to analysis, including a discussion of the assist examiners in applying the 2014 streamlined analysis. Interim Patent Eligibility Guidance The USPTO has produced a July 2015 during the patent examination process. Update: Subject Matter Eligibility The USPTO is now seeking public responding to each of the six major comment on the July 2015 Update: themes from the public comments. The Subject Matter Eligibility. July 2015 Update: Subject Matter COMMENT DEADLINE DATE: To be ensured Eligibility includes three appendices. of consideration, written comments on The first appendix (Appendix 1) July 2015 Update: Subject Matter provides new examples that are Eligibility must be received on or before illustrative of major themes from the October 28, 2015. comments. The second appendix (Appendix 2) is a comprehensive index ADDRESSES: Comments on the July 2015 of examples for use with the 2014 Update: Subject Matter Eligibility must Interim Patent Eligibility Guidance, be sent by electronic mail message over the Internet addressed to: 2014_interim_ including new and previously issued guidance@uspto.gov. Electronic examples. The third appendix comments submitted in plain text are (Appendix 3) lists and discusses preferred, but also may be submitted in selected eligibility cases from the ADOBE® portable document format or Supreme Court and the U.S. Court of MICROSOFT WORD® format. The Appeals for the Federal Circuit. The July comments will be available for viewing 2015 Update: Subject Matter Eligibility via the Office’s Internet Web site (https:// is intended to assist examiners in www.uspto.gov). Because comments will applying the 2014 Interim Patent be made available for public inspection, Eligibility Guidance during the patent information that the submitter does not examination process. desire to make public, such as an The July 2015 Update: Subject Matter address or phone number, should not be Eligibility, including the appendices, included in the comments. are available to the public on the FOR FURTHER INFORMATION CONTACT: Raul USPTO’s Internet Web site. The USPTO Tamayo, Senior Legal Advisor, Office of is now seeking public comment on the Lhorne on DSK7TPTVN1PROD with RULES DEPARTMENT OF COMMERCE VerDate Sep<11>2014 13:32 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 45429 July 2015 Update: Subject Matter Eligibility. Dated: July 15, 2015. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2015–18628 Filed 7–29–15; 8:45 am] BILLING CODE 3510–16–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2015–0330; FRL–9931–46Region 10] Approval and Promulgation of Implementation Plans; Washington: Interstate Transport of Fine Particulate Matter Environmental Protection Agency. ACTION: Final rule. AGENCY: The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting air emissions that will have certain adverse air quality effects in other states. On May 11, 2015, the State of Washington submitted a SIP revision to the Environmental Protection Agency (EPA) to address certain interstate transport requirements with respect to the 2006 24-hour fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The EPA has determined that Washington adequately addressed these CAA interstate transport requirements for the 2006 24hour PM2.5 NAAQS. DATES: This final rule is effective August 31, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2015–0330. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that if at all possible, you contact the individual listed in the FOR SUMMARY: E:\FR\FM\30JYR1.SGM 30JYR1

Agencies

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Rules and Regulations]
[Page 45429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18628]



[[Page 45429]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 1

[Docket No.: PTO-P-2015-0034]


July 2015 Update on Subject Matter Eligibility

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Update; Request for comments.

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SUMMARY: The United States Patent and Trademark Office (USPTO) prepared 
interim guidance (2014 Interim Patent Eligibility Guidance) for use by 
USPTO personnel in determining subject matter eligibility in view of 
then-recent decisions by the U.S. Supreme Court (Supreme Court). The 
USPTO published the 2014 Interim Patent Eligibility Guidance in the 
Federal Register, and sought public comment on the 2014 Interim Patent 
Eligibility Guidance. The USPTO has since produced an update pertaining 
to patent subject matter eligibility titled July 2015 Update: Subject 
Matter Eligibility, which is available to the public on the USPTO's 
Internet Web site, in response to the public comment on the 2014 
Interim Patent Eligibility Guidance. The July 2015 Update: Subject 
Matter Eligibility includes a new set of examples and discussion of 
various issues raised by the public comments, and is intended to assist 
examiners in applying the 2014 Interim Patent Eligibility Guidance 
during the patent examination process. The USPTO is now seeking public 
comment on the July 2015 Update: Subject Matter Eligibility.

COMMENT DEADLINE DATE:  To be ensured of consideration, written 
comments on July 2015 Update: Subject Matter Eligibility must be 
received on or before October 28, 2015.

ADDRESSES: Comments on the July 2015 Update: Subject Matter Eligibility 
must be sent by electronic mail message over the Internet addressed to: 
2014_interim_guidance@uspto.gov. Electronic comments submitted in plain 
text are preferred, but also may be submitted in ADOBE[supreg] portable 
document format or MICROSOFT WORD[supreg] format. The comments will be 
available for viewing via the Office's Internet Web site (https://www.uspto.gov). Because comments will be made available for public 
inspection, information that the submitter does not desire to make 
public, such as an address or phone number, should not be included in 
the comments.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Senior Legal Advisor, 
Office of Patent Legal Administration, by telephone at 571-272-7728, or 
Michael Cygan, Senior Legal Advisor, Office of Patent Legal 
Administration, by telephone at 571-272-7700.

SUPPLEMENTARY INFORMATION: The 2014 Interim Patent Eligibility 
Guidance, prepared for use by USPTO personnel in determining subject 
matter eligibility under 35 U.S.C. 101, was published in the Federal 
Register on December 16, 2014. See 2014 Interim Guidance on Patent 
Subject Matter Eligibility, 79 FR 74618 (Dec. 16, 2014). The USPTO also 
sought public comment on the 2014 Interim Patent Eligibility Guidance, 
along with additional suggestions on claim examples for explanatory 
example sets.
    The USPTO received over sixty comments from the public. The public 
comments include the following six major themes: (1) requests for 
additional examples, particularly for claims directed to abstract ideas 
and laws of nature; (2) further explanation of the markedly different 
characteristics analysis; (3) further information regarding how 
examiners identify abstract ideas; (4) discussion of the prima facie 
case and the role of evidence with respect to eligibility rejections; 
(5) information regarding application of the 2014 Interim Patent 
Eligibility Guidance in the Patent Examining Corps; and (6) explanation 
of the role of preemption in the eligibility analysis, including a 
discussion of the streamlined analysis.
    The USPTO has produced a July 2015 Update: Subject Matter 
Eligibility responding to each of the six major themes from the public 
comments. The July 2015 Update: Subject Matter Eligibility includes 
three appendices. The first appendix (Appendix 1) provides new examples 
that are illustrative of major themes from the comments. The second 
appendix (Appendix 2) is a comprehensive index of examples for use with 
the 2014 Interim Patent Eligibility Guidance, including new and 
previously issued examples. The third appendix (Appendix 3) lists and 
discusses selected eligibility cases from the Supreme Court and the 
U.S. Court of Appeals for the Federal Circuit. The July 2015 Update: 
Subject Matter Eligibility is intended to assist examiners in applying 
the 2014 Interim Patent Eligibility Guidance during the patent 
examination process.
    The July 2015 Update: Subject Matter Eligibility, including the 
appendices, are available to the public on the USPTO's Internet Web 
site. The USPTO is now seeking public comment on the July 2015 Update: 
Subject Matter Eligibility.

    Dated: July 15, 2015.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2015-18628 Filed 7-29-15; 8:45 am]
BILLING CODE 3510-16-P

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