The USPTO Issues Subject Matter Eligibility Examples on Business Methods
Jan 30th, 2017 by Nicholas Vincent | News | Recent News & Articles |
In late December, the United States Patent and Trademark Office (USPTO) released a series of subject matter eligibility examples meant to provide guidance for drafting claims pertaining to business methods. This is the first time that the USPTO has issued guidance on such matters. The examples, labeled 34, 35, and 36, serve to clarify the validity of claims pertaining to abstract matters under 35 U.S.C. § 101 and focus on a system for filtering internet content, verifying a bank customer’s identity to permit an ATM transaction, and tracking inventory, respectively. Interestingly, while the fact patterns and claims of 35 and 36 are hypothetical, example 34 is taken directly from BASCOM Global Internet v. AT&T Mobility LLC where the claims were ruled eligible by the Federal Circuit in 2016. BASCOM has played an important role in the changing landscape of software-related patents.