USPTO Director Iancu recently proposed new patent eligibility guidelines at the quarterly meeting of the Patent Public Advisory Committee (PPAC). Iancu noted that clarity is needed both by examiners and applicants asking, "how can a claim be novel enough to pass 102 and nonobvious enough to pass 103, yet lack an "inventive concept" and therefore fail 101? Or, how can a claim be concrete enough so that one of skill in the art can make it without undue experimentation, and pass 112, yet abstract enough to fail 101? How can something concrete be abstract?" Hopefully the new guidelines will address these issues and give some much needed clarity.
USPTO Suggests New Effort to Clarify Patent Eligibility
Updated: Aug 24, 2023