SUBJECT MATTER ELIGIBILITY GUIDANCE AND TRAINING MATERIALS
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Summary:There are 10 new supplements added to the Patent Bar exam. These supplements all cover Subject Matter Eligibility.
You will need to understand the main ideas behind each supplement. You will have access to these supplements on test day so at the very least understanding what is in each one so you can use them effectively for test question look-up the day of the exam.
You can expect to see as many as 5 test questions on this material.
Documents:6. Memo dated July 14, 2016, Recent Subject Matter Eligibility Rulings (Rapid Litigation Management v. CellzDirect and Sequenom v. Ariosa)
| Official PDF » | 2 pgs; overview of recent U.S. Supreme Court and Federal Circuit rulings. |
7. Memo dated May 4, 2016, Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant’s Response to a Subject Matter Eligibility Rejection
| Official PDF » | 7 pgs; Examples and explanation for Subject Matter Eligibility. |
8. Subject Matter Eligibility: Workshop II Handout
| Official PDF » | 7 pgs; Subject Matter Eligibility worksheet. |
9. Subject Matter Eligibility: Worksheet, Example 21, Claim 1
| Official PDF » | 9 pgs; Subject Matter Eligibility worksheet for claim 1. |
10. Subject Matter Eligibility: Worksheet, Example 21, Claim 2
| Official PDF » | 7 pgs; Subject Matter Eligibility worksheet for claim 2. |
11. Subject Matter Eligibility: Worksheet, Example 21, Claim 3
| Official PDF » | 6 pgs; Subject Matter Eligibility worksheet for claim 3. |
12. Subject Matter Eligibility: Worksheet, Example 21, Claim 4
| Official PDF » | 6 pgs; Subject Matter Eligibility worksheet for claim 4. |
13. July 2015 Update: Subject Matter Eligibility
| Official PDF » | 11 pgs; Document is an update to patent subject matter eligibility. |
14. 2014 Interim Eligibility Guidance Quick Reference Sheet
| Official PDF » | 3 pgs; Serves as a quick reference sheet. |
15. 2014 Interim Guidance on Patent Subject Matter Eligibility
| Official PDF » | 16 pgs; Includes a flow chart and details. |
Please note that the numbering system here is taken from the USPTO. Document 1 is the MPEP 9th Edition, Revision 07.2015 last updated in November. The Guidebooks cover all this material. We expect most of your exam questions will come from the MPEP.
Documents 2 - 5 are covered in additional supplements including; New Trials, Derivations, Rep. of Others, and PPH programs. Each of these has it's own tab on the Guidebook page. They are found near the bottom of Section IV.
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Patent Training Workshop Videos:
Objectives- Review the supplements and worksheets and make sure you understand how to determine subject matter eligibility.
Key Terms