shutterstock_1153160294_mott_jordan
26 November 2019PatentsSarah Morgan

USPTO Interviews: Leading an IP superpower

When Andrei Iancu assumed his role as director of the US Patent and Trademark Office (USPTO) in February 2018, it was clear there was change afoot.

Before his confirmation, Iancu admitted that the office could do more to clarify one of the most-debated sections of the US Patent Act—section 101—and vowed to make the issue a priority.

Ahead of his confirmation and before the Senate Judiciary Committee, Iancu said: “If confirmed, it will be my priority to work with the office, focus on section 101 and see what further guidance can be issued.”

Has he lived up to these promises?

In January this year, the office released guidelines which revise the instructions to patent examiners for how they should apply the first step of the US Supreme Court’s Alice/Mayo test.

Under the guidelines, there are three categories of “abstract ideas” that should be considered ineligible: mathematical ideas; certain methods of organising human activity; and mental processes. Claims outside of these groupings “should not be treated as reciting abstract ideas”, according to the guidelines.

“I believe our guidance largely addresses the confusion,” says Iancu. The office created the guidance with case law in mind, he adds, stating that the framework now leads to “the right result in a more consistent manner”.

The question remains as to what the courts will do. “They’re independent, and they should be independent. The courts don’t have to follow the guidance, and the question now is whether they will adopt any new frameworks,” says Iancu.

Meanwhile, Congress is contemplating new legislation, a process Iancu describes as “complex and long-term”.

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk