29 June 2010

USPTO's Memo to Examiners - Bilski

According to Gene Quinn at IPWatchdog, the USPTO has sent a memo to US Patent Examiners in response to the Bilski decision. Part of the memo reads as follows:

"Examiners should continue to examine patent applications for compliance with section 101 using the existing guidance concerning the machine-or-transformation test as a tool for determining whether the claimed invention is a process under section 101. If a claimed method meets the machine-or-transformation test, the method is likely patent-eligible under section 101 unless there is a clear indication that the method is directed to an abstract idea. If a claimed method does not meet the machine-or-transformation test, the examiner should reject the claim under section 101 unless there is a clear indication that the method is not directed to an abstract idea. If a claim is rejected under section 101 on the basis that it is drawn to an abstract idea, the applicant then has the opportunity to explain why the claimed method is not drawn to an abstract idea."

Note - Section 101 is the relevant US statute dealing with patentable subject matter.

Here's the article:
USPTO Sends Memo to Examiners Regarding Bilski v. Kappos | IPWatchdog.com | Patents & Patent Law

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