Partner Philip Nelson was quoted in “4 Takeaways From The USPTO’s Patent Eligibility Update” an article published by Law360.

Partner Philip Nelson was quoted in “4 Takeaways From The USPTO’s Patent Eligibility Update” an article published by Law360.

Mr. Nelson recently analyzed updated guidance from the U.S. Patent Office on what types of technology are eligible for patenting.  Media sources followed up by asking for further comment on this guidance.

Excerpt: Philip Nelson of Knobbe Martens said that given the USPTO’s explanation, “hopefully examiners will be fair in how they characterize claims, but there’s a lot of subjectivity available.”

“If you’re going to have an orderly process for claim examination, I think the analysis should be focused on the actual claim language and not an examiner’s characterization or generalization of the claim language,” he said. “From my perspective, I was a little bit disappointed that they are not being more strict on reciting judicial exceptions.”

For more information on patent eligibility (35 U.S.C. § 101) and recent developments at both the patent office and the U.S. Congress, see the following posts:

Effect of USPTO’s October 2019 101 Guidance  (Oct. 17, 2019)

101 Patent Reform Progressing in Congress (May 28, 2019)

Legislators Propose “Section 101 Reform” (April 18, 2019)

Big Picture on Software Patent Eligibility: The Forces at Work (January 25, 2019)

New 101 Guidance from USPTO – What Does It Change? (January 8, 2019)

Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process? (December 5, 2018)