Archives for June 2014

USPTO Issues “Preliminary Examination Instructions for Determining Subject Matter Eligibility in view of Alice Corp. v. CLS Bank

In a June 25 memo, the USPTO issued its preliminary guidance to examiners regarding the “abstract idea” exception to patent-eligibility under 35 U.S.C. 101. The memo (1) replaces the USPTO’s prior guidance based on Bilski, (2) acknowledges that the “abstract idea” exception applies to all types of claims, and (3) lays out a two-step analysis for determining whether a claim is directed to a patent-ineligible abstract idea consistent with the Supreme Court’s recent decision in Alice Corp v. CLS Bank. Oliff has issued a Special Report on the CLS Bank decision, which also addresses the USPTO’s preliminary guidance.


Due to inclement weather, electric power to our building was not in service on Thursday, June 19 between 3:30 a.m. – 7:30 a.m., U.S. time.  If you tried to send a facsimile to our office during this time, you should resend it to ensure its delivery.