What the New USPTO Memo on 101 Means for Eligibility Rejections
Description
In this week’s edition of IPWatchdog Unleashed, my conversation is with Clint Mehall, a partner with Davidson Kappel, LLC, and John Rogitz, who is managing attorney for Rogitz & Associates. Both are prominent voices in the patent world, and they also serve on our ad hoc IPWatchdog Advisory Committee.
The purpose of our conversation was to explore the patent eligibility landscape, and particularly the August 4 memo on patent eligibility from Deputy Commissioner of Patents Charles Kim, which was sent to Technology Centers 2100, 2600 and 3600.
The memo was labeled as a reminder on the proper evaluation of subject matter eligibility of claims under 35 U.S.C. 101. And it was also specifically stated that the “memorandum is not intended to announce any new USPTO practice or procedure and is meant to be consistent with existing USPTO guidance.” Notwithstanding, there does seem to be important new emphasis on the patent eligibility inquiry, and particularly on when rejections are appropriate.
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