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As the United States Patent and Trademark Office (USPTO) noted in our July 25 blog, we are taking a multi-pronged approach to imparting more clarity and certainty into patent eligibility. Existing USPTO patent subject matter eligibility guidance, put in place in 2019, has contributed to more consistent examination. But there is more work to be done. In addition to working with Congress on potential changes to the law and looking for opportunities in the courts, we are updating our guidance and seek public input on the same. Given the overwhelming interest in the guidance, the USPTO has published a Federal Register Notice updating the means by which the public can provide feedback. The USPTO will now accept feedback via the Federal eRulemaking Portal until October 15, 2022. Any previous feedback provided through the uspto.gov mailbox (which is no longer active) will be given equal consideration.
The full text of the notice is available on the Patent Related Notices webpage.
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