USPTO Issues New Bilski Guidance

July 27, 2010

On July 27, 2010, the USPTO issued the attached "Interim Guidance for Determining Subject Matter Eligibility for Process Claims in view of Bilski v. Kappos."  The PTO Guidance explains how Examiners are to consider the issue of patent-eligibility for process claims.  The most useful portions are sections III, IV and V, which "provide guidance on the abstract idea exception" (Section III), "provide guidance on factors relevant to reviewing method claims for subject matter eligibility in view of Bilski" (Section IV), and "discuss how to make the determination of eligibility" (Section V).  A quick reference sheet is provided at the end of the document presenting (1) lists of factors weighing for and against patent eligibility and (2) sample form paragraphs for use by Examiners.  The USPTO requests that public comments on the guidance be submitted by September 27, 2010.