On Wednesday afternoon, I attended the USPTO’s public forum about the latest Interim Guidance on 101 Subject-Matter Eligibility. This session had the distinction of providing a genuine, open dialogue between the patent bar and the USPTO. Practitioners expressed their praise, criticism, and concerns for the guidance without much padding. USPTO representatives spoke with exceptional candor about the background of the latest draft of the guidance, and their constraints and hopes for future drafts.
On the whole, the session was richly informative about the background of the Interim Guidance; the different perspectives of the USPTO and the patent bar; and the issues that future versions of the guidance may address.
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