[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Notices]
[Pages 34307-34308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9300]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-2005-0012]
RIN 0651-AB98


Request for Comments on Interim Guidelines for Examination of 
Patent Applications for Patent Subject Matter Eligibility

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments; extension of comment period.

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SUMMARY: The United States Patent and Trademark Office (USPTO) has, in 
response to recent case law, revised its guidelines to be used by USPTO 
personnel in their review of patent applications to determine whether 
the claims in a patent application are directed to patent eligible 
subject matter. The USPTO published a notice requesting comments from 
the public regarding these interim examination guidelines. The USPTO is 
extending the period for comment on these interim examination 
guidelines.
    Comment Deadline Date: To be ensured of consideration, written 
comments must be received on or before July 31, 2006. No public hearing 
will be held.

ADDRESSES: Comments should be sent by electronic mail message over the 
Internet addressed to [email protected]. Comments may also be 
submitted by mail addressed to: Mail Stop Comments--Patents, 
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, or 
by facsimile to (571) 273-0125, marked to the attention of Linda 
Therkorn. Although comments may be submitted by mail or facsimile, the 
Office prefers to receive comments via the Internet.
    Comments may also be sent by electronic mail message over the 
Internet via the Federal eRulemaking Portal. See the Federal 
eRulemaking Portal Web site (http://www.regulations.gov) for additional 
instructions on providing comments via the Federal eRulemaking Portal.
    The comments will be available for public inspection at the Office 
of the Commissioner for Patents, located in Madison East, Tenth Floor, 
600 Dulany Street, Alexandria, Virginia, and will be available via the 
Office Internet Web site (address: http://www.uspto.gov). Because 
comments will be made available for public inspection, information that 
is not desired to be made public, such as an address or

[[Page 34308]]

phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Linda Therkorn, Office of the Deputy 
Commissioner for Patent Examination Policy, by telephone at 571-272-
8800, or Ray Chen, Office of the Solicitor, by telephone at 571-272-
9035, by mail addressed to: Mail Stop Comments, P.O. Box 1450, 
Alexandria, VA 22313-1450, or by facsimile transmission to 571-273-
0125, marked to the attention of Linda Therkorn or Ray Chen.

SUPPLEMENTARY INFORMATION: The USPTO has published a notice setting 
forth interim guidelines to be used by USPTO personnel in their review 
of patent applications to determine whether the claims in a patent 
application are directed to patent eligible subject matter under 35 
U.S.C. 101. See Interim Guidelines for Examination of Patent 
Applications for Patent Subject Matter Eligibility, 1300 Off. Gaz. Pat. 
Office 142 (Nov. 22, 2005) (Patent Subject Matter Eligibility Interim 
Guidelines). The USPTO published a notice on December 20, 2005 
requesting public comment on the interim guidelines. See Request for 
Comments on Interim Guidelines for Examination of Patent Applications 
for Patent Subject Matter Eligibility, 70 FR 75451 (Dec. 20, 2005) 
(Request for Comments).
    A case currently awaiting decision by the U.S. Supreme Court, 
Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc., 
S.Ct. No. 04-607 (LabCorp), may impact the question of patent subject 
matter eligibility under 35 U.S.C. 101. The December 2005 Request for 
Comments indicated that the USPTO expected that a decision in LabCorp 
would be rendered sometime before the end of June 2006, and that USPTO 
would publish a notice further extending the period for public comment 
on the USPTO's Patent Subject Matter Eligibility Interim Guidelines if 
necessary to permit the comments to take into account the Court's 
decision in LabCorp. See Request for Comments on Interim Guidelines for 
Examination of Patent Applications for Patent Subject Matter 
Eligibility, 70 FR at 75452. Therefore, the USPTO is further extending 
the period for public comment on the USPTO's Patent Subject Matter 
Eligibility Interim Guidelines until July 31, 2006 to permit the 
comments to take into account the Court's decision in LabCorp (still 
expected before the end of June 2006).

    Dated: June 9, 2006.
John Doll,
Commissioner for Patents.
 [FR Doc. E6-9300 Filed 6-13-06; 8:45 am]
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