USPTO Provides Interim Guidance for Determining Patent Eligible Subject Matter in View of Bilski Decision

The United States Patent and Trademark Office (USPTO) has provided interim guidelines for determining subject matter eligibility under 35 U.S.C. §101 for process claims in view of the United States Supreme Court’s 2010 decision in Bilski v. Kappos.  The guidelines provide additional factors to aid in the determination of whether a method which fails the machine or transformation test is patentable or vice versa.  The guidelines state that §101 outcomes are not likely to change in most cases, and reminded that §101 should not be relied upon to avoid a full examination under other sections.  The guidelines outline specific factors weighing toward and against eligibility under §101.  Click here for more information on the interim guidelines.