USPTO Issues Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility The USPTO has provided Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility (hereinafter “Interim Eligibility Instructions”) for use 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 pending a final decision from the U.S. Supreme Court in Bilski v. Kappos, S.Ct. No. 08-964 (cert. granted June 1, 2009). The USPTO has begun the process of training examiners on the Interim Eligibility Instructions. The USPTO is also posting the Interim Eligibility Instructions on the USPTO’s Internet Web site (www.uspto.gov), and is requesting public comment on them. The USPTO is issuing the Interim Eligibility Instructions and has begun the process of training examiners on these instructions to reduce the delay in delivering these instructions to examiners, but the USPTO desires the benefit of public comment on the instructions andwill revise the guidelines as appropriate based on comments received. To be ensured of consideration, written comments must be received on or before September 28, 2009. Comments should be sent by electronic mail message over the Internet addressed to AB98.Comments@uspto.gov. Comments may also be submitted by facsimile to (571) 273-0125, marked to the attention of Caroline D. Dennison. Although comments may be submitted by mail or facsimile, the USPTO prefers to receive comments via the Internet. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments. For further information contact Caroline D. Dennison, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at 571-272-7729, or by facsimile transmission to 571-273-0125, marked to the attention of Caroline D. Dennison. ###