Examination Guidance and Training Materials

• 2014 Interim Guidance On Patent Subject Matter Eligibility (December 2014)
  • Federal Register Notice:  2014 Interim Guidance on Patent Subject Matter Eligibility
  • 2014 Interim Eligibility Guidance Quick Reference Sheet (December 2014) [PDF]
  • Nature-Based Product Examples (December 2014) [PDF]
  • Abstract Idea Examples (January 2015) [PDF]
  • Training Slides:  2014 Interim Guidance on Patent Subject Matter Eligibility (February 2015) [PDF]
  • Feedback
• Past Subject Matter Eligibility Guidance and Training Materials

First Inventor To File (FITF)

• First-Inventor-to-File Training Plan for USPTO Examiners [PDF]
• First-Inventor-to-File Statutory Framework Chart [PDF]
• Overview CBT (March 2013) (46 min) Video | Slides [PDF]
• Overview Follow-On Video (March 2013) (27 min) Video | Slides [PDF]
• FITF Definitions (June 2013) (14 min) Video | Slides [PDF] | Handout [PDF]
• Comprehensive Examiner Training Slides (Summer 2013) Video | Slides [PDF]
• AIA FITF Indicator Training (Fall 2013) Video

• non-FITF Regulations Training (Summer 2013) [PDF]

35 USC 112(f) – “Means-plus-function” limitations

• 35 USC 112(f): Broadest Reasonable Interpretation and Definiteness of § 112(f) Limitations
  • Computer Based Training [CBT] [posted May 5, 2014]
  • PowerPoint of the CBT [PPT] [posted May 5, 2014]
• 35 USC 112(f): Evaluating § 112(f) Limitations in Software-Related Claims for Definiteness under 35 USC 112(b)
  • Computer Based Training [CBT] [posted June 20, 2014]
  • PowerPoint of the CBT [PPT] [posted June 5, 2014]
• 35 USC 112(f): Identifying Limitations That Invoke 112(f)
  • Computer Based Training [CBT] [posted August 2, 2013]
  • PowerPoint of the CBT [PPT] [posted August 2, 2013]
  • Handout [PDF] [posted August 2, 2013]
• 35 USC 112(f): Making the Record Clear
  • Computer Based Training [CBT] [posted August 2, 2013]
  • PowerPoint of the CBT [PPT] [posted August 2, 2013]
  • Handout [PDF] [posted August 2, 2013]

The public is invited to submit comments on the training to: TrainingComments112f@uspto.gov

• Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications (signed January 21, 2011)
• 35 U.S.C. § 112 Supplementary Examination Guidelines [PPT] (slide set prepared from guidelines signed January 21, 2011)
• Training Examples [posted May 20, 2011]

Please note that the following Written Description Training Materials, Revision 1, March 25, 2008, include examples that now require further analysis for subject matter eligibility under 35 U.S.C. 101 in view of recent changes in the law. A new version will be prepared to reflect changes in the law since 2008, including any required clarifications due to developments in the law relating to 35 U.S.C. 112. The next revision will be posted as soon as it is available.

• Written Description Guidelines Training Materials (2008) [PDF]

Rules of Practice

• Rules of Practice Before the BPAI in Ex Parte Appeals (2012)

Obviousness, KSR

• Examination Guidelines and Training Materials in view of KSR Int’l Co. v. Teleflex Inc. (through 2010 update)

Awareness Workshop

• Best Practices in Compact Prosecution (2009)

• Interview Best Practices (2011)
• Interview Practice Training Summary (2009)