Preliminary Examination Instructions for Determining Subject Matter Eligibility in view of Alice Corp. v. CLS Bank

The USPTO has prepared Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., No 13-298 (June 19, 2014) (Preliminary Alice Corp. Instructions). The Preliminary Alice Corp. Instructions are for USPTO personnel to use when determining subject matter eligibility under 35 U.S.C. 101 of claims involving abstract ideas in view of this decision. The USPTO is interested in receiving public feedback on the Preliminary Alice Corp. Instructions. More detailed guidance will be forthcoming after the Office has an opportunity to fully evaluate the decision in the context of legal precedent and after evaluating the public feedback.

How to Comment

Any member of the public may submit written comments on the Preliminary Alice Corp. Instructions. The USPTO is especially interested in receiving comments regarding the scope and extent of the holding in Alice Corp.

Comments concerning the Preliminary Alice Corp. Instructions should be sent by electronic mail message over the Internet addressed to (hyperlink: or facsimile transmitted to (571) 273-0125. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Although comments may be submitted by facsimile or mail, the Office prefers to receive comments via the Internet. Comments will be accepted until July 31, 2014.

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 USPTO Internet Web site. Because comments will be 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.