September 11, 2015

Implementing the 101 guidelines at the patent office

Washington, D.C. partner Bob Stoll recently published an article in The Hill titled, “Implementing the 101 guidelines at the patent office.” The article discussed recent Supreme Court rulings on subject matter eligibility, based on 35 U.S. Code 101. So far, the decisions that invalidate claims by the Patent Trial and Appeal Board, district and federal courts far outnumber those upholding claims.

On the issue of whether this trend heralds the end of the patent system as we know it, Bob noted that the Supreme Court decisions that were handed down were narrowly tailored to the facts in each case.  He also said that the United States Patent and Trademark Office (USPTO) has taken an iterative implementation approach in its guidelines and, overall, is “doing a pretty good job of managing a difficult situation.”

Read: Implementing the 101 guidelines at the patent office

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