USPTO Issues Preliminary Alice Corp. Instructions and Invites Comments
Client Alert | 1 min read | 07.02.14
On June 25, 2014, the United States Patent and Trademark (USPTO) issued its Preliminary Alice Corp. Instructions on the application of the United States Supreme Court decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., No 13-298. The Preliminary Alice Corp. Instructions provide guidance to USPTO examiners when determining subject matter eligibility under 35 U.S.C. 101 of claims involving abstract ideas. The USPTO provided the following guidance:
- The USPTO will expand the two-part test set forth in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 56 U.S. ___ (2012) to abstract ideas. Prior to Alice, the USPTO only applied the Mayo two-part test to claims involving laws of nature. See MPEP 2106.01.
- The USPTO will apply the Mayo two-part test across all categories of claims (e.g., product and process claims).
- Finally, the USPTO set forth the Mayo two-part test in detail, including several comments and examples.
The USPTO invited comments on the Preliminary Alice Corp. Instructions. Comments must be submitted by July 31, 2014, and instructions to provide comments is listed on the USPTO website.
Insights
Client Alert | 3 min read | 04.23.24
DOJ Promises NPAs to Certain Individuals Through New Voluntary Self-Disclosure Pilot Program
On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department.
Client Alert | 3 min read | 04.23.24
Client Alert | 5 min read | 04.23.24
Client Alert | 6 min read | 04.23.24
