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Patent Alert

Clarifications to recently published Federal Register Notice on supplemental guidance on design claims

On November 17, 2023, the United States Patent and Trademark Office (USPTO) published supplemental guidance for USPTO personnel to use in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter. The deadline for submitting written comments on the supplemental guidance in the Federal Register Notice (FRN) – which must be submitted through the Federal eRulemaking Portal at www.regulations.gov – is November 18, 2024. This deadline has been added to the updated FRN.

Additionally, we have corrected the formatting in three of the Section (V) examples on the Examination Guidance and Training Materials page under 35 U.S.C. § 171.

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