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USPTO Issues Instructions for 35 U.S.C. §101 Rejections

On August 24, 2009 the USPTO issued interim instructions to examiners for handling 35 U.S.C. §101 rejections. These instructions provide guidance to examiners while awaiting the U.S. Supreme Court’s 2009 / 2010 decision in In re Bilski, which, as patent practitioners are surely aware, concerns patentable subject matter under §101. In the meantime, these instructions can also provide practical guidance to applicants and patentees in claim drafting, amendments to and arguments regarding pending claims, and evaluation of issued patent claims. A copy of the interim guidelines can be found here at the USPTO’s website.

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