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.
Contacts
Insights
Client Alert | 10 min read | 10.23.25
The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?
On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges.
Client Alert | 5 min read | 10.22.25
Sixth Circuit Reaffirms Privilege Protections During Internal Investigations
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
