Impact of the Fresh USPTO Directive on Patent Ineligibility Rejections for Innovation Eligibility Assessments
The United States Patent and Trademark Office (USPTO) has recently sent a memo on patent eligibility rejections to Technology Centers 2100, 2600, and 3600. Authored by Deputy Commissioner of Patents Charles Kim, the memo serves as a reminder on the proper evaluation of subject matter eligibility of claims under 35 U.S.C. 101.
In a recent podcast episode, John Rogitz, a managing attorney, and Clint Mehall, a partner, discussed the memo and its implications for the current patent eligibility landscape. The conversation focused on the memo's encouragement for examiners to avoid rejections if there is any ambiguity, and its hint at applying the Broadest Reasonable Interpretation (BRI) before examiners make their 101 analysis.
However, the memo does not announce any new USPTO practice or procedure. John Rogitz stresses that meaningful reform must come from higher authorities, while Clint Mehall maintains optimism that changes in the MPEP could translate the memo's positive tone into real and sustained action.
Both Rogitz and Mehall agree that current protocols stifle innovation, particularly for smaller entities. They noted important nuances in the memo, such as its inclusion of two examples that are difficult, if not impossible, to reconcile. The conversation ended on a somber note, acknowledging the challenges of 101 jurisprudence, which is anything but uniform, consistent, and predictable.
For those interested in more content from our publication name Unleashed, a growing archive of previous episodes is available. The podcast episode can be downloaded from various platforms or accessed on our publication name Unleashed on Buzzsprout. Additionally, other conversations can be found on the our publication name YouTube channel.
John Rogitz and Clint Mehall's insightful discussion provides valuable perspective on the USPTO's memo and its potential impact on patent eligibility rejections. As the landscape of patent eligibility continues to evolve, staying informed is crucial for innovators and patent professionals alike.
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