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July 2015 Guidelines on Patentable Subject Matter

July 2015 Guidelines on Patentable Subject Matter

The USPTO has issued a supplementary set of guidelines on subject matter eligibility of July 30, 2015. The new material includes a Federal Register Notice, a main document entitled “Update on Subject matter Eligibility”, Appendix 1 (Examples), Appendix 2 (Index of Examples), Appendix 3 (Court decisions) and a “Quick reference sheet”. The stated purpose is to respond to feedback from the public.

Operating on the principle that a picture is worth a thousand words the illustration from thesecond page of the quick reference sheet is reproduced here:

July 2015 guidelines

The diagram makes it seem like any method of correlating or comparing is unlikely to be patentable. We learned from Alice that dressing these methods up as computerized systems is unhelpful.

Hopefully the USPTO is sending us the message the Supreme Court wants us to get.

Feedback on tangible lessons to be learned from this guidance will be appreci


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