[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53736-53737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18895]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2022-0026]
Submission of Comments Regarding the Patent Subject Matter
Eligibility Guidance
AGENCY: Patent and Trademark Office, Department of Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is
seeking public feedback on its existing patent subject matter
eligibility guidance. The existing guidance, put in place in 2019, has
contributed to more consistent examination. But there is more work to
be done to impart clarity and certainty into patent eligibility. In
addition to working with Congress on potential changes to the law and
looking for opportunities in the courts, the USPTO is updating its
guidance and has been seeking public input on the same. Given the
overwhelming interest in the guidance, the USPTO will now accept
feedback via the Federal eRulemaking Portal until October 15, 2022.
DATES: Comments on the USPTO's patent subject matter eligibility
guidance must be received by October 15, 2022, to ensure consideration.
ADDRESSES: For reasons of government efficiency, comments on the
USPTO's patent subject matter eligibility guidance must be submitted
through the Federal eRulemaking Portal at www.regulations.gov. To
submit comments via the portal, enter docket number PTO-P-2022-0026 on
the homepage and click ``Search.'' The site will provide a search
results page listing all documents associated with this docket. Find a
reference to this document and click on the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Attachments to electronic comments will be accepted in Adobe[supreg]
portable document format or Microsoft Word[supreg] format. Because
comments will be made available for public inspection, information that
the submitter does not desire to make public, such as an address, a
phone number, or other personally identifiable information (PII),
should not be included in the comments.
Visit the Federal eRulemaking Portal for additional instructions on
providing comments via the portal. If electronic submission of comments
is not feasible due to a lack of access to a computer and/or the
internet, please contact the USPTO using the contact information below
(at FOR FURTHER INFORMATION CONTACT) for special instructions. Comments
already submitted to the USPTO mailbox designated in the blog should be
resubmitted through the Federal eRulemaking Portal at
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Senior Legal Advisor,
Office of Patent Legal Administration, Office of the Deputy
Commissioner for Patents, at 571-272-7728.
SUPPLEMENTARY INFORMATION: On July 25, 2022, the USPTO published a blog
titled ``Providing clear guidance on patent subject matter
eligibility'' at www.uspto.gov/blog/director/entry/providing-clear-guidance-on-patent. As noted in the blog, the 2019 revisions to the
USPTO's eligibility guidance resulted in a 25% decrease in the
likelihood of Alice-affected technologies receiving a first office
action with a rejection for patent ineligible subject matter. See Alice
Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208 (2014). Uncertainty
about determinations of patent subject matter eligibility for the
relevant technologies also decreased by a remarkable 44% as compared to
the previous year. Despite this progress to achieve more consistent
examination under section 101, there is more work to be done. As part
of its multi-pronged approach to imparting more clarity and certainty
into patent eligibility, in addition to working with Congress and
looking for opportunities in the courts, the USPTO is revising its
subject matter eligibility guidance.
In the July 25 blog post, the USPTO initially encouraged the public
to email thoughts or comments on the guidance specified in Manual of
Patent Examining Procedure 2106 to a uspto.gov mailbox by September 15,
2022. However, given the overwhelming interest in this subject matter,
the USPTO is extending the deadline, and the public may now submit
feedback until the new deadline of October 15, 2022. In addition,
comments may now be submitted through the Federal eRulemaking Portal at
www.regulations.gov. Comments are no longer being received at the
uspto.gov mailbox, though any previously-submitted comments through the
mailbox will be given equal consideration. Please see the information
provided earlier in this notice (at ADDRESSES) for instructions on
submitting feedback via the portal. This new method of submitting
feedback will facilitate making comments publicly
[[Page 53737]]
accessible through the Federal eRulemaking Portal.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2022-18895 Filed 8-31-22; 8:45 am]
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