Comment Period on Patent Eligibility Extended

101 IP Practicum patent patent eligible subject matter

On September 2, 2021, the U.S. Patent and Trademark Office extended the deadline for submission of comments regarding the state of patent eligibility and its effectiveness on U.S. investments and innovation.  The new date is October 15, 2021.

The USPTO issued a notice on the Federal Register on July 9, 2021, requesting comments on patent eligibility following the U.S. Supreme Court decisions in Bilski,[1]Mayo,[2]Myriad,[3] and Alice.[4]  These four cases altered the §101 landscape for the worse according to many patent practitioners, but mainly because guidance on patent prosecution practice has been limited and inadequate from the USPTO.

There is only a couple more weeks left for the comment period, so it is advised to get comments in as soon as possible.

[1] Bilski v. Kappos, 561 U.S. 593 (2010).

[2] Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66 (2012).

[3] Ass’n for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013).

[4] Alice Corp. v. CLS Bank Int’l, 573 U.S. 208 (2014).