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Patent Office Requests Comments On Interim Guidelines For Patentable Subject Matter
The US Patent & Trademark Office (USPTO) has issued a Notice to request comments on the Interim Examination Instructions for Evaluating Subject Matter Eligibility. The Interim Guidelines are available at Interim Instructions. The link for the notice is here: Notice. The deadline to submit comments in September 28, 2009.
The Interim Guidelines were developed in view of the Federal Circuit’s recent Bilski decision, which is currently being reviewed by the Supreme Court. Please refer to our previous discussion of the Bilski decision at the following link: Bilski. These Interim Guidelines were provided to the Examiners pending the final decision from the Supreme Court. The Notice indicates that the USPTO will revise these guidelines once the Supreme Court’s decision in the Bilski case is issued.